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Article • July 15, 2000 • from PLN July, 2000
Iowa Supreme Court Holds Liberty Interest in Good Time Law by The Iowa supreme court held that Iowa prisoners have a due process liberty interest in their good time credits, but do not have a private cause of action under Iowa tort law for their negligent loss. Federal courts previously …
Good and Bad News in Haverty Aftermath: No Good Time for Ad-Seg Placement by Phillip Kassel Good and Bad News in Haverty Aftermath: No Good Time for Ad-Seg Placement by Phillip Kassel Last October, the Massachusetts Su-preme Judicial Court held that prisoners may not be maintained in harsh solitary confinement …
New Mexico Supreme Court Rules in Disciplinary Hearing Remedies by As an issue of first impression, the New Mexico Supreme Court recently held that restoration of lost good-time credits and an order prohibiting another hearing were the proper remedies for a prison disciplinary infraction that violated a prisoner's right to …
Article • May 15, 2000 • from PLN May, 2000
Loss of Good Time for Kansas SATP Refusal Upheld by Bob Williams Loss Of Good Time For Kansas SATP Refusal Upheld by Bob Williams The Tenth Circuit Court of Appeals has held that even when loss of good time credits are the consequences of refusal to comply with the core …
Article • May 15, 2000 • from PLN May, 2000
BOP Prisoners Eligible for Drug Treatment Without Documented History of Abuse by A U.S. District Court in Oregon found a federal prisoner was eligible for participation in a drug treatment program and a one-year sentence reduction upon successful completion of that program. Martin Kuna, a prisoner at the Federal Correctional …
Article • April 15, 2000 • from PLN April, 2000
$105,000 Awarded in Michigan Wrongful Imprisonment Suit by On April 14, 1999, a Wayne county jury in Michigan awarded Willie Thomas Jr., Larry Reid and Edward Grant $35,000 in damages each. The three men had been Michigan state prisoners who were released after serving their entire sentences. Several months later, …
Article • December 15, 1999 • from PLN December, 1999
Washington Good Time Ban Unconstitutional by In a ruling with far reaching implications, a Washington state court of appeals held that a "three strikes" ballot initiative that eliminated good time and early release credits for first time offenders convicted of first degree murder, first degree rape and assault and assault …
Article • October 15, 1999 • from PLN October, 1999
BOP Sentence Reduction Exclusion Based on INS Detainer Upheld by Ronald Young By Ronald Young The court of appeals for the Ninth circuit held that the Bureau of Prisons' (BOP) regulation conditioning a sentence on completion of a community-based treatment program was a reasonable and permissible construction of the statute …
Article • August 15, 1999 • from PLN August, 1999
BOP Erred in Denying Early Release Eligibility by Afederal disctrict court in Oregon granted habeas corpus relief to two federal prisoners who challenged the Bureau of Prisons' (BOP) denial of early release eligibility. In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act which amended 18 U. S. …
Article • July 15, 1999 • from PLN July, 1999
Kansas Good Time Forfeiture Violates Ex Post Facto by The Kansas court of appeals held that the retrospective application of a new prison rule governing the forfeiture of good time credits violated the Ex Post Facto Clause when the rule took effect after the prisoner's crime was committed and it …
Article • June 15, 1999 • from PLN June, 1999
Felon Possession of Firearm Nonviolent Offense by The court of appeals for the Sixth Circuit held that possesion of a firearm by a previously convicted felon is a "nonviolent offense," and federal prisoners who are otherwise eligible for one-year sentence reductions under the "Comprehensive Drug Abuse Treatment Program" (Program) are …
Article • April 15, 1999 • from PLN April, 1999
U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence by The court of appeals for the Second circuit held that district courts do not have the authority to order the Federal Bureau of Prisons (BOP) to either grant or deny credit or to disregard the BOP's …
Article • April 15, 1999 • from PLN April, 1999
Filed under: Sentencing, Good Time
Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection by The Fifth Circuit court of appeals held that a sheriff violated the Equal Protection Clause of the Fourteenth Amendment when he promulgated a policy of granting good time to county prisoners sentenced by a judge and denying …
Kansas Good Time Rules Violate Ex Post Facto by The Kansas supreme court held that application of new prison rules that allow for the forfeiture of good time credits to prisoners convicted before the rule's implementation violates the ex post facto clause of the U.S. constitution. In a second cae, …
Article • March 15, 1999 • from PLN March, 1999
Retroactive Kansas Good Time Recalculation Unlawful by In an unpublished opinion, the Court of Appeals for the State of Kansas held that the changes in the Kansas prison system's regulations interpreting the application of good time credits toward a prisoner's conditional release date could not be applied retroactively to offenses …
Article • February 15, 1999 • from PLN February, 1999
No Credit for Time Served on Wrongful Conviction by The Fifth Circuit court of appeals has held that a federal prisoner is not entitled to credit toward the supervised release portion of other consecutive sentences for time served in prison due to a wrongful conviction. Larry Jeanes, a former federal …
Article • January 15, 1999 • from PLN January, 1999
BOP Exceeds Statutory Authority in Denying Sentence Reductions by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
Article • November 15, 1998 • from PLN November, 1998
Texas May Not Retroactively Stop Mandatory Release by The Texas Court of Criminal Appeals has held that Texas cannot reinterpret a law to retroactively deny a state prisoner mandatory release. Randy Sullivan Schroeter, a Texas state prisoner, was convicted of indecency with a child (IWC) in 1994 and sentenced to …
BOP Sentence Reduction Granted to Non-Violent Offender by Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus because the Bureau of Prisons (BOP) had wrongly denied him a one year sentence reduction. Kenneth Johnson is a federal prisoner who was convicted of possessing stolen explosives. He …
Washington Good Time Loss Implicates Due Process by AWashington state appeals court held that prisoners have a due process right to challenge the validity of prior minor infractions at disciplinary hearings that involve the loss of good time for allegedly incurring more than four minor infractions in a six month …
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