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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 …
District of Columbia Jail Pays $14 Million For Over-Detentions and Strip Searches by Bob Williams While denying a pattern and practice of over-detentions and strip searches, the District of Columbia (the District) has agreed to pay $12 million to settle a class-action lawsuit plus an additional $2 million in additional …
Article • October 15, 2006 • from PLN October, 2006
Supreme Court: Lethal Injection Procedure May Be Challenged Via § 1983 by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held that a condemned prisoner's challenge to the procedure used in lethal injection may be brought in 42 U.S.C. § 1983 and need not be brought in …
Article • October 15, 2006 • from PLN October, 2006
Filed under: Sentencing, Parole
California Parole Board Squelches Life Prisoner Writs on Procedural Grounds by The California Court of Appeal, Sixth District (San Jose), granted the California Board of Prison Terms (BPT) petition for writ of mandate to prohibit a Santa Clara County superior court from appending an order from one unrelated life prisoner's …
Article • October 15, 2006 • from PLN October, 2006
Florida Gain Time Revocation Clarified by Florida's First of District Court of Appeal has held that a prisoner serving a split sentence where one of the crimes occurred before the effective date of a statute authorizing forfeiture of gain-time upon revocation of probation prohibits imposing a sanction. Before the Court …
Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Introduction1 For a number of years it seemed that rights …
Supreme Court Says No to Trial by Military Commission for Gitmo Prisoners by Matthew T. Clarke On June 29, 2006, the Supreme Court held that prisoners being held in the military concentration camp prisons at Guantanamo Bay, Cuba (Gitmo), could not be tried by the special military tribunals set up …
Sexually Abused Texas Prisoner Loses Federal Lawsuit, Returns To Prison by Michael Rigby Roderick Keith Johnson, a prisoner who garnered national attention with allegations that Texas prison officials allowed him to be bought and sold as a sex slave, has lost his federal lawsuit against the Texas Department of Criminal …
Article • August 15, 2006 • from PLN August, 2006
Texas Court of Criminal Appeals Reinvigorates DNA Testing Law by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) handed down a decision that removed previous restrictions against prisoners seeking DNA testing to prove their innocence. Billy James Smith, a Texas state prisoner, filed a motion for DNA testing. …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N by John E Dannenberg Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful New Parole Hearings by John E. Dannenberg The Ohio State Court of Appeals, Tenth Appellate …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Good Time
California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning R by John Dannenberg California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning Rates by John E. Dannenberg The California Supreme Court held that when a prisoner is sentenced to two concurrent prison terms, the …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
Washington Courts Authority to Order Community Custody Limited by Washington Courts Authority to Order Community Custody Limited A Washington Appeals Court has held that an amended statute limits a trial courts ability to sentence criminal defendants to community custody in only specified offenses. The matter was on appeal after a …
Michigan DOC Improperly Calculated Sentences and Released Prisoners; Officials Fired and Demoted by Gary Hunter Prisoner release procedures in the Michigan Department of Corrections (DOC) suffer from serious flaws, according to the Intake Processing Unit (IPU). The IPU undertook an audit and review of the way the DOC determined prisoner …
Article • August 15, 2006 • from PLN August, 2006
California Valdivia Attorneys Awarded $6.5 Million For 12 Years Work by John E Dannenberg by John E. Dannenberg The attorneys who labored twelve years to overturn the California Department of Corrections and Rehabilitation's unconstitutional practice of snatching parolees off the streets and incarcerating them without due process of law [i.e., …
Article • August 15, 2006 • from PLN August, 2006
Texas State Representative Criticized For Helping Prisoners and Families by Matthew T. Clarke Texas Representative Terri Hodge has been taking heat for (gasp!) helping prisoners and their families, in other words--for doing her job. Hodge is accused of the following: (1) helping arrange rare face-to-face meetings between parole-eligible prisoners and …
Article • August 15, 2006 • from PLN August, 2006
Ohio Awards $662,000 to Man Wrongly Imprisoned for Rape by The State of Ohio has agreed to pay Nathaniel Lewis, 28, $662,000 for the five years he spent in prison before his conviction was overturned by a federal appeals court in 2002. While a freshman at the University of Akron …
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