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Article • March 15, 2006 • from PLN March, 2006
Filed under: Sentencing, Parole
California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole by In 1984, Peter Honesto committed a murder in the course of kidnapping and robbery, exposing him to California's death penalty or life without parole. He accepted a plea agreement for 17-life for second degree murder. When later …
Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C by Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable Cause by John E. Dannenberg In a case of national first impression, the Ninth Circuit U.S. Court of Appeals held that when …
Article • March 15, 2006 • from PLN March, 2006
California Pays Innocent Prisoner $328,000 for Nine Years in Prison by John Dannenberg by John E. Dannenberg For only the twelfth time since 1981, California paid a wrongfully imprisoned person for his troubles. After serving nine years of a 27-life 1995 sentence for rape, a 38 year-old man was recently …
Second Circuit Upholds Guard's Rape Sentence Under Federal Guidelines by The U.S. Court of Appeals for the Second Circuit held that multiple counts of prisoner sexual abuse against a prison guard had been properly grouped under federal sentencing guidelines. While employed as a guard at the federal prison in Danbury, …
Article • February 15, 2006 • from PLN February, 2006
2005 Audit of California Parole Board Reveals Ongoing Deficiencies by The California Office of the Inspector General (OIG), the state's official watchdog" agency, conducted an audit of the Board of Prison Terms (BPT) in July 2005 to determine compliance with the OIG's prior recommendations to correct deficiencies and inefficiencies it …
Article • February 15, 2006 • from PLN February, 2006
Habeas Hints: How to Get DNA Testing 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 the AEDPA, the 1996 habeas …
8th Circuit Invalidates BOP Halfway House Policy; 7th Circuit Says Challenge Not Cognizable on Habeas by 8th Circuit Invalidates BOP Halfway House Policy; 7th Circuit Says Challenge Not Cognizable on Habeas The Eighth Circuit Court Of Appeals reversed the denial of a federal prisoner's 28 U.S.C. § 2241 habeas corpus …
Article • February 15, 2006 • from PLN February, 2006
BOP's Failure to Provide Adequate Medical Treatment Nets Downward Departure Sentence by A Massachusetts federal district court has departed from the Federal Sentencing Guidelines because of the defendant's illness and the Bureau of Prisons' (BOP) failure to meet its burden that it could provide the most effective" medical treatment. Robert …
Florida Jury Awards $225,000 in False Arrest/Malicious Prosecution Claim by A Florida jury has awarded $225,000 in a case against the City of Clearwater and an individual detective on a claim of false arrest, malicious prosecution, and intentional infliction of emotional distress. The Plaintiff claimed he was falsely arrested on …
Article • February 15, 2006 • from PLN February, 2006
U.S. Supreme Court: Faretta Does Not Establish Right Of Pro Se Defendant to Law Library Access by U.S. Supreme Court: Faretta Does Not Establish Right Of Pro Se Defendant to Law Library Access In a per curiam ruling, the U.S. Supreme Court reversed the Ninth Circuit's grant of habeas relief …
Article • February 15, 2006 • from PLN February, 2006
Utah DOC Settles Wrongful-Death Suit Involving Exonerated Suspect For $150,000 by by Michael Rigby On September 29, 2004, the widow of a one-time suspect in the Elizabeth Smart kidnapping settled her wrongful-death lawsuit against the Utah Department of Corrections (DOC) for $150,000. When 14-year-old Elizabeth Smart was kidnapped from her …
Texas Jails Troubled by Deaths, Negligence and Failed Inspections by Gary Hunter For decades Texas jails have been cesspool's of misery, medical neglect, brutality and over crowding. Class action litigation in the 1970's alleviated some of the worst aspects of the Texas jail system and led to modest improvements. By …
Federal Judge Enforces "Valdivia Remedial Plan" for California Parole Violators by Federal Judge Enforces "Valdivia Remedial Plan" for California Parole Violators On June 8, 2005, the United States District Court enforced its order in Valdivia v. Davis, 206 F.Supp.2d 1068 (E.D. Cal. 2002) [PLN, Jan.2003, p.16] and its March 9, …
Article • January 15, 2006 • from PLN January, 2006
California's New Governor Has Paroled 102 Lifers, But Rejected Twice That Many by The good news is that as of September 30, 2005, California Governor Arnold Schwarzenegger has approved 102 lifers for parole since taking office two years ago, a vast improvement over former Governor Gray Davis' record of paroling …
Article • January 15, 2006 • from PLN January, 2006
Texas Enacts Life Without Parole Law by On June 17, 2005, Texas Governor Rick Perry signed into law legislation that allows Texas juries to sentence defendants to life without the possibility of parole in capital cases. Senate Bill 60 replaces the previous non-death-penalty option of 40 years without the possibility …
Article • January 15, 2006 • from PLN January, 2006
Filed under: Sentencing, Parole, Probation
Court Invalidates Mental Health Supervised Release Condition; Condition Impermissibly Delegates Judicial Authority to PO by Court Invalidates Mental Health Supervised Release Condition; Condition Impermissibly Delegates Judicial Authority to PO The Third Circuit Court of Appeals held that a Delaware district court improperly imposed a supervised release condition requiring mental health …
Article • January 15, 2006 • from PLN January, 2006
Federal Court Finds California Murder Paroles Blocked by Illegal No-Parole" Policy by Federal Court Finds California Murder Paroles Blocked by Illegal No-Parole" Policy by Marvin Mentor On May 19, 2005, the United States District Court (E.D. Cal.) ruled that the California Board of Prison Terms (BPT), between 1992 and 1998, …
Article • January 15, 2006 • from PLN January, 2006
New Jersey Parole Officials Pay $50,000 for Delayed Release by On February 3, 2005, a New Jersey man settled his federal lawsuit against state parole officialswhom he claimed were responsible for his remaining in prison 11 months beyond his approved parole datefor $50,000. Vincent Pannone was imprisoned on May 7, …
Article • December 15, 2005 • from PLN December, 2005
No Qualified Immunity from 57-Day Illegal Confinement by The Eighth Circuit Court of Appeals held that several prison officials were not entitled to qualified immunity for their roles in confining a prisoner 57 days beyond his ordered release. In December, 1977, Daryl Davis was convicted of theft under Missouri law. …
Washington S.Ct. Upholds Persistent Prison Misbehavior Statute by In a 54 decision, the Washington State Supreme Court upheld a law that makes it a felony for a Washington prisoner to commit a serious prison infraction after losing all potential earned early release credits. The majority concluded that the statute was …
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