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Article • November 15, 2011
Filed under: Sentencing, Parole
U.S. Magistrate Rules New York Parole Policy Unconstitutional by by Derek Gilna In a U.S. Magistrate's report to U.S. District Judge George B. Daniels of the Southern District of N.Y., the New York State Division of Parole's (DOP) policy of computing parole violators' misdemeanor sentences was found to be unconstitutional. …
Article • November 15, 2011
No Sixth Amendment Right to Confront Witnesses at Parole Revocation Hearings by Brandon Sample By Brandon Sample The Sixth Amendment’s right to confront witnesses does not apply to parole revocation proceedings, the U.S. Court of Appeals for the Tenth Circuit decided November 24th, 2010. The U.S. Parole Commission revoked Bruce …
Article • November 15, 2011
CDOC Agrees to Pay $20,000 for Unlawful Imprisonment by Steven Larson sued the CDOC alleging constitutional violations, false imprisonment, and negligence after he was unlawfully held for 47 days. In 2007, Larson violated the conditions of his parole. At the revocation hearing, Larson received a firm parole discharge date of …
Article • October 15, 2011 • from PLN October, 2011
Oregon Aggravated Murder Statute Creates Liberty Interest by Mark Wilson The Ninth Circuit Court of Appeals has held that Oregon’s aggravated murder statute creates a protected liberty interest in parole eligibility. In 1982, Oregon state prisoner Douglas Miller was convicted of aggravated murder and sentenced to life imprisonment with a …
Article • September 15, 2011
Third Circuit: Local Occupation Restrictions on Fraudulent "Attorney" Allowed by Third Circuit: Local Occupation Restrictions on Fraudulent "Attorney" Allowed On April 19, 2006, the Third Circuit upheld occupational restrictions placed on a former federal prisoner that prohibited him from working for an attorney of law firm while on three years …
Article • September 15, 2011
Washington Court's Imposition of Unauthorized Supervision Overturned by Randy Town, a Washington state prisoner, pled guilty to 2 counts of statutory rape based on incidents occurring between 1983 and 1987. He was sentenced to 300 months in prison and 1 year of community placement supervision on each count at his …
Article • September 15, 2011
California: Probation Revocation Based Upon Hearsay Evidence Was Error by by John E. Dannenberg The California Court of Appeal reversed a prisoner's revocation of probation that had rested upon hearsay evidence at his revocation hearing. The court held that where there had been no impediment to having gained actual witness …
Article • September 15, 2011
Minnesota Commissioner of Corrections Not Immune From Section 1983 Suit Seeking Injunctive Relief by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals ruled that the Commissioner of Corrections does not enjoy absolute immunity from injunctive relief when acting in her “quasi-judicial” capacity to review a lifer’s suitability …
Article • September 15, 2011
Texas Parolee Has Right to Preliminary Revocation Hearing Despite New Charges by On October 3, 2007, the Texas Court of Criminal Appeals held that a Texas parolee has a right to a preliminary parole revocation hearing even if the parolee is imprisoned awaiting trial on a new charge. Jesse Richard …
Article • September 15, 2011
Filed under: Sentencing, Parole
Michigan DOC Cannot Cancel Parole Discharge by David Reutter By David M. Reutter The Michigan Supreme Court has held that the Michigan Department of Corrections (MDOC) does not have authority to cancel a parole discharge once granted, and that courts have no authority to modify a sentence in response to …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Parole
California: OAL Disapproves Proposed Parole Board Regulation Formalizing Lifer Risk Assessments by Michael Brodheim In May 2011, California’s Office of Administrative Law (OAL) disapproved a proposed regulation submitted by the Board of Parole Hearings intended to formalize procedures requiring Board psychologists to evaluate the risk for future violence of life-sentenced …
Third Circuit Upholds Pennsylvania Sex Offender Treatment Parole Requirement by Mark Wilson The Third Circuit Court of Appeals held that a sex offender treatment requirement did not violate a Pennsylvania prisoner’s constitutional rights. In 1987, Clifford Newman was convicted of several sex offenses and sentenced to 20 years in prison. …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Parole
Federal Court Dismisses Virginia Lifers’ Parole Suit by On October 25, 2010, a federal district court dismissed a complaint brought by eleven Virginia Department of Corrections prisoners who alleged due process and ex post facto violations with respect to their parole hearings. The prisoners had sought to represent a class …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Good Time, Parole
Extra Earned Time Sentence Reductions Save Oregon $25 Million by Early prison releases saved Oregon at least $25 million in 2009, according to an audit report by the Secretary of State’s office released in December 2010. On November 1, 1989, Oregon replaced its indeterminate parole matrix sentencing system with a …
Article • August 15, 2011
Filed under: Sentencing, Parole
Resentence Credit May Be Used to Reduce Period of Mandatory Parole, Colorado Supreme Court Decides by Brandon Sample By Brandon Sample Presentence confinement credit (PSCC) unapplied during incarceration may be used to reduce an offender’s period of mandatory parole, the Supreme Court of Colorado decided December 3, 2008. Joseph Edwards …
Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
Article • August 15, 2011 • from PLN August, 2011
California DOC Complies With Population Reduction Order in Plata v. Brown by John Dannenberg by John E. Dannenberg On June 7, 2011, a scant seven days after the U.S. Supreme Court’s historic ruling affirming a three-judge panel’s order to reduce overcrowding in California’s state prisons (Brown v. Plata, No. 09-1233 …
Article • August 15, 2011 • from PLN August, 2011
Fifth Circuit Vacates Dismissal of Habeas Challenge to Texas Parole Changes by On February 2, 2011, the Fifth Circuit Court of Appeals vacated a district court’s judgment dismissing a prisoner’s challenge to retroactive changes in Texas parole procedures. Matthew Clarke, a Texas state prisoner and PLN contributing writer, filed a …
Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference by Matthew Clarke by Matt Clarke On March 19, 2010, the Seventh Circuit Court of Appeals held that a federal district court violated Rule 32.l(b)(2) of the Federal Rules of Criminal Procedure when the judge used videoconferencing technology to appear …
Article • August 15, 2011 • from PLN August, 2011
Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors by Mark Wilson On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his …
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