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California Inspector General Assesses DOC’s Compliance With Past Audit Recommendations by John Dannenberg California Inspector General Assesses DOC's Compliance With Past Audit Recommendations by John E. Dannenberg California's Inspector General (IG), Matthew Cate, who has oversight responsibility over the California Department of Corrections and Rehabilitation (CDCR), issued an exhaustive 363 …
Brief • March 15, 2007
Cristini v. Warren, MI, Complaint, Wrongful Conviction, 2007 2:07-cv-11141-DML-VMM Doc # 1 Filed 03/15/07 Pg 1 of 44 Pg ID 1 llNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN MICHAEL LOUIS CRISTINI, Plaintiff, vs. THE CITY OF WARREN, 'I'IIE POLICE DEPARTMENT OF THE CITY OF WARREN, 'I'IIE COUNTY OF MACOMB …
Article • February 15, 2007 • from PLN February, 2007
California Habeas Handbook, Expanded 5th Edition, by Attorney Kent Russell, Sept. 2006, 114 pages plus appendix, soft cover by John Dannenberg Reviewed by John E. Dannenberg Three years after publishing his 67 page 4th Edition of the California Habeas Handbook (CHH) [see: PLN, Jan. 2004, p.18], Attorney Kent Russell has …
Article • February 15, 2007 • from PLN February, 2007
1997 Changes in Pennsylvania Commutation Law Held Ex Post Facto by John Dannenberg by John E. Dannenberg The U.S. District Court for the Middle District of Pennsylvania held that a 1997 state ballot constitutional amendment, which modified Pennsylvania?s commutation laws to require a unanimous vote rather than a simple majority …
Article • February 15, 2007 • from PLN February, 2007
BOP Halfway House Walkaway Is Not Federal “Crime of Violence” by John Dannenberg BOP Halfway House Walkaway Is Not Federal "Crime of Violence" by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a walkaway from a federal halfway house did not fit the categorical "crime of …
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 …
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