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Guantanamo: Nine Months after the Supreme Court Victory, the Island Remains a Prison Beyond the Law. by Rachel Meeropol By Rachel Meeropol Consider the situation of Moazzam Begg. He is a 35 year old man with dual British and Pakistani citizenship. In early 2002, he was seized from his apartment …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Sentencing, Parole
Overdue California Lifer Entitled To Immediate Parole Release After Prevailing At Rescission Hearing by John Dannenberg by John E. Dannenberg The Marin County, California Superior Court ruled that a lifer who was twelve years overdue for release when he was finally granted parole, but who was then referred back to …
Article • June 15, 2005 • from PLN June, 2005
Recharacterization Requires Notice Or Opportunity To Withdraw by The U.S. Sixth Circuit Court of Appeals held that a Michigan prisoner's improperly filed medical claim should not have been recharacterized without his consent or an opportunity to withdraw, nor should it have been dismissed with prejudice. Eric Martin, a Michigan state …
Factors May Limit the Impacts of Federal Laws, US GAO, 2005 United States Government Accountability Office GAO Report to Congressional Requesters September 2005 DRUG OFFENDERS Various Factors May Limit the Impacts of Federal Laws That Provide for Denial of Selected Benefits GAO-05-238 September 2005 DRUG OFFENDERS Accountability Integrity Reliability Highlights …
Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson The Washington Court of Appeals ruled in May that the state's Department of Corrections (DOC) has …
New York Appeals Court Upholds Former Senator’s Return To Rikers by The Appellate Division of the New York Supreme Court, First Department, has ordered former state senator Guy J. Velella and four others (the petitioners) back to jail. In reaching this decision the court found that the petitioners had been …
Article • May 15, 2005 • from PLN May, 2005
Los Angeles County Pays $300,000 To Settle Public Defender's Legal Malpractice by by John E. Dannenberg On October 4, 2004, the Los Angeles County, California Claims Board granted authority of $300,000 to settle a claim by a prisoner for legal malpractice on the part of the Public Defender, wherein the …
Brief • April 20, 2005
Filed under: Wrongful Imprisonment
Corley v Davis, CA, Complaint, wrongful imprisonment, 2005 Case 2:03-cv-01447-LKK-DAD Document 51 Filed 04/20/2005 Page 1 of 19 ERIC GRANT (Bar No. 151064) Attorney at Law 2 800 I Folsom Boulevard, Suite 100 Sacramento, California 95826 3 Telephone: (916) 388-0833 Facsimile: (916) 691-3261 4 E-Mail: grant@eric-grant.com 5 Attorney for Plaintiff …
Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
Article • April 15, 2005 • from PLN April, 2005
BOP Good-Time Statute Upheld By Three Circuits by by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals reversed a U.S. District Court ruling that had accorded BOP prisoners 54 days good-time credit per year, holding instead that the maximum credit available is only 47 days per year. In …
First Circuit Rejects Interlocutory Appeal for Authorities Accused of Frame-Up by by Robert H. Woodman In a case involving charges of frame-up and cover-up by former Massachusetts and federal authorities brought by former Massachusetts state prisoners, their family members, estates, and survivors, the United States First Circuit Court of Appeals …
Article • April 15, 2005 • from PLN April, 2005
Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing by The Tenth Circuit court of appeals has held that a prisoner who claims he was denied an attorney or court hearing for 73 days while awaiting extradition for parole revocation need not show that the revocation had been …
Article • April 15, 2005 • from PLN April, 2005
Filed under: Sentencing, Ex Post Facto
California Criminal Fine Surcharges Ruled Ex Post Facto by The California Court of Appeals determined that surcharges on fines levied upon criminal convictions were ex post facto where the laws establishing the surcharges were punitive and were enacted after the crimes had been committed. Daniel High was convicted of property …
Rhode Island Prisoner Awarded $3,900 for False Imprisonment by A Rhode Island jury awarded a prisoner $3,900 for false imprisonment on April 21, 2004. In August 1994, William Ross was incarcerated and held by the Rhode Island Department of Corrections (RIDOC) on a minor larceny charge. During his incarceration, the …
Article • April 15, 2005 • from PLN April, 2005
No Miranda Error During FBI Office Interrogation Where Parolee Knew He Was Free To Leave by by John E. Dannenberg An en banc panel of the Ninth Circuit U.S. Court of Appeals held that no Miranda violation occurred in failing to suppress an interrogee's statement taken in the office of …
California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful by California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful by Marvin Mentor Culminating a multi-year crescendo of criticism leveled at California's Corrections system from frustrated legislative, judicial and executive leaders, the Corrections Independent Review Panel (CIRP) recently tasked by Governor …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Sentencing, Good Time, Probation
Five Florida Cases Remanded for Award of Jail or Prison Credits by Florida's Second and Fifth District Courts of Appeals have remanded five separate cases for the award of jail or prison credit. Each case was filed under Florida Rules of Criminal Procedure 3.800(a) alleging illegal sentences were imposed for …
Article • March 15, 2005 • from PLN March, 2005
Harsher Oregon Parole Statute Cannot Be Applied Retroactively by by John E. Dannenberg A divided panel of the Ninth Circuit U.S. Court of Appeals ruled that Oregon's Revised Statute § 144.125(3)(a) (1993) was an ex post facto law as applied to denying parole to an Oregon prisoner whose crime predated …
Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison by Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison by Matthew T. Clarke On September 14, 2004, the St. Louis suburb of Dellwood settled a suit by a woman wrongfully convicted of murder for $7.5 million. …
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