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Article • February 15, 2007 • from PLN February, 2007
Filed under: Voting, Sentencing, Parole
Colorado Parolee’s Disenfranchisement Upheld by Colorado Parolee's Disenfranchisement Upheld The Colorado Supreme Court has held that a person on parole does not have a right to vote. That ruling came in an appeal filed by Pastor Michael Danielson after the District Court for the city and County of Denver dismissed …
Article • February 15, 2007 • from PLN February, 2007
Sixth Circuit Extends Abela Ruling to Parole Denial Habeas Petitions by The Sixth Circuit Court of Appeals has held that the 90-day period to apply for certiorari review to the U.S. Supreme Court tolls the one-year statute of limitations for habeas corpus actions challenging parole denial. In so holding, the …
Article • January 15, 2007 • from PLN January, 2007
Maryland Sentence Reduction Rule Violates Ex Post Facto Clause by The Maryland Court of Appeals has struck down an administrative regulation amending another regulation to deny previously authorized sentence reduction credits for certain categories of prisoners. In January of 2002, Quinton Demby, Jesse Baltimore, Kenneth Woodall, Daniel Falcone, and Earl …
California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired by John Dannenberg California's "High-Risk" Sex Offender Parolees Ostracized; Parole Official Fired by John E. Dannenberg California's 2,000 "high-risk" sex offenders (HRSOs) currently on parole are increasingly being ostracized following relentless publicity as to their whereabouts, forcing parole officials to continuously …
Article • January 15, 2007 • from PLN January, 2007
Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree by John Dannenberg by John E. Dannenberg The class of all Cook County, Illinois parole violators was granted a preliminary injunction by the U.S. District Court, Northern District, Eastern Division, ordering the Illinois Department of Corrections (IDOC) to conduct …
Article • January 15, 2007 • from PLN January, 2007
Filed under: Sentencing, Parole
California Lifer Hearing Backlog Increases Despite Court Order To Catch Up by Marvin Mentor The Marin County Superior Court, which had directed the California Board of Parole Hearings (Board) to take the necessary steps to cut its lifer hearing backlog in 2001 when it was 2,058 hearings behind (and would …
Article • January 15, 2007 • from PLN January, 2007
5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense by Michael Rigby 5th Circuit Reverses Texas Prisoner's Disciplinary Conviction For "Non-Existent" Offense by Michael Rigby The U.S. Fifth Circuit Court of Appeals held there was no evidence to sustain a Texas prisoner's disciplinary conviction for assaulting a guard and …
Article • December 15, 2006 • from PLN December, 2006
Habeas Hints by Kent A. Russell Habeas Hints: Supreme Court Term 2005-2006 by Kent Russell This column is intended to provide habeas hints to prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under …
Article • December 15, 2006 • from PLN December, 2006
Wrongfully Imprisoned Wisconsin Man Awarded $400,000, Now Accused of Murder by Michael Rigby On February 14, 2006, a Wisconsin man who spent 18 years in prison for a rape he didnt commit settled his lawsuit against Manitowoc County for $400,000. Hell likely use the money to defend himself against a …
Article • December 15, 2006 • from PLN December, 2006
City Of Tulsa, Oklahoma, Settles Wrongful Imprisonment Claim For $12,250,000 by Michael Rigby The City of Tulsa, Oklahoma, will pay $12.25 million to settle with a man who spent 14 years in prison for a rape he did not commit, according to a settlement agreement filed in the U.S. District …
Article • December 15, 2006 • from PLN December, 2006
Texas Parole System Sick From Top to Bottom by Gary Hunter Texas Parole System Sick From Top to Bottom by Gary Hunter Parole in Texas has never been very reputable. During the 1920s and 30s Miriam Ma Ferguson, Texas first female governor, and her husband Pa Ferguson, who preceded his …
Article • December 15, 2006 • from PLN December, 2006
Filed under: Sentencing, Parole
NY Appellate Court Reverses Denial of Parole by John Dannenberg by John E. Dannenberg The Appellate Division (1st Dept.) of the New York Supreme Court granted a non-life prisoners article 78 petition challenging the Parole Boards denial of his parole that had been based upon the nature and seriousness of …
California Guard Murdered By Prisoner; Investigative Reports Blame Gross Staff Incompetence by Marvin Mentor A prison guard at the California Institution for Men (CIM) at Chino was stabbed to death in the Sycamore Hall housing unit on January 10, 2005 by an East Coast Crips gang-affiliated prisoner who had just …
Article • November 15, 2006 • from PLN November, 2006
Record $3.2 Million Settlement for Wrongfully Imprisoned Massachusetts Man by Michael Rigby The City of Boston, Massachusetts, has agreed to pay $3.2 million to a man who spent 10 ½ years in prison for a rape he did not commit. The March 2006 settlement is believed to be the largest …
Article • November 15, 2006 • from PLN November, 2006
Filed under: Sentencing, Parole
New York Parole Rates Plunge Under Governor Patakis Policy by New York Parole Rates Plunge Under Governor Patakis Policy by John E. Dannenberg The administration of Governor George Pataki has dramatically cut parole release rates for violent felons, especially those with A-1 crimes (e.g., murder, attempted murder, kidnapping, arson). Where …
Article • November 15, 2006 • from PLN November, 2006
Wrongly Imprisoned Massachusetts Man Settles Suit Against City For $2,450,000 by On October 14, 2005, the City of Chicopee, Massachusetts, paid $2,450,000 to settle with a man who was falsely convicted of rape and imprisoned for 14 years before DNA evidence exonerated him. Eduardo Velazquez was convicted in 1987 of …
Article • October 15, 2006
New York: Resentencing After Completion of Sentence Barred by Double Jeopardy and Due Process by by Brandon Sample Double jeopardy and due process principles prevent a court from resentencing a defendant after completion of his sentence, even if the defendant’s original sentence was illegal and inured to the defendant’s benefit, …
New Yorks Son of Sam Law Constitutional, Damages Seized by New York's Son of Sam Law Constitutional, Damages Seized The New York Supreme Court, Appellate Division, has held that the state's Son of Sam law, which allows a victim to seek restitution from crime perpetrators, is constitutional. Ibn Kenyatta was …
Article • October 15, 2006 • from PLN October, 2006
WA Courts Cannot Extend Supervision Period for Sex Offenses Committed Before 1996 by In 1994, Jamie Wallin pled guilty to sex offenses in Washington state, committed between July 2, 1988 and January 8, 1990. He remained free on supervision until March of 1996, when he violated his probation and received …
Article • October 15, 2006 • from PLN October, 2006
Habeas Hints by Kent A. Russell by Kent Russell This column is intended to provide habeas hints to prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under AEDPA, the 1996 habeas corpus law …
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