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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. …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Sentencing
U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away by David Zuckerman U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away by David Zuckerman As federal prisoners are well aware, the facts found by a jury often bear little relation to the …
Article • March 15, 2005 • from PLN March, 2005
9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv by 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Private Prison The U.S. Court of Appeals for the Ninth Circuit has held that a state prisoner serving time on …
Article • March 15, 2005 • from PLN March, 2005
Pay To Play: Guard Union Spreads the Wealth by From January 3, 2000 to February 9, 2004, 26 of the 40 California state Senators and 50 of the 80 Assembly Members received funds - ranging from $1,000 to $333,000 - from the California Correctional Peace Officers Association (CCPOA), the guards …
Article • March 15, 2005 • from PLN March, 2005
Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit by In a suit for damages against Los Angeles County Sheriff Leroy Baca for over detention of jail prisoners court-ordered for release, the Ninth Circuit U.S. Court of Appeals held that summary judgment for Baca was not available where the facts …
Article • March 15, 2005 • from PLN March, 2005
Washington Community Custody Sanctions Upheld by The Washington State Court of Appeals for Division 2 has affirmed a trial court's imposition of sanctions for community custody violations, for which the State Department of Corrections (DOC) had previously sanctioned Michael David Collins. In January 2002, Collins was convicted of assault with …
Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Matthew T. Clarke A New York federal court has held that harsh pre-trial conditions of confinement justify a downward departure in the Federal Sentencing Guidelines. Jubelequis Mateo, a New York …
Article • March 15, 2005 • from PLN March, 2005
$78,435 in Attorney Fees for Successful Challenge to Pennsylvania's Megan's Law by by Matthew T. Clarke A federal court in Pennsylvania has awarded the plaintiff's attorneys $78,435 in attorney fees and costs in an action that challenged the application of the community notification provision-of Pennsylvania's Registration of Sex Offenders Act …
Article • March 15, 2005 • from PLN March, 2005
Idaho Prisoner States Valid Retaliation Claim Against Parole Commission by Idaho Prisoner States Valid Retaliation Claim Against Parole Commission The Idaho Court of Appeals held that material fact issues regarding a prisoner's claim that he was retaliated against because of his litigious activities precluded summary judgment of his lawsuit against …
Article • March 15, 2005 • from PLN March, 2005
Washington Absconding Does Not Toll LFO Collection Statue by The Washington State Court of Appeals for Division 1 has held that RCW 9.94A.753 affords the state 10 years from a prisoner’s release from total confinement in which to collect Legal Financial Obligations (LFOs) from prisoners. The court also held that …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Sentencing, Parole
Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies by The Ninth Circuit Court of Appeals held that the imposition of a longer sentence imposed on remand after a successful appeal of an order of the Oregon Parole Board (Board) was presumptively vindictive and the Board failed …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Sentencing, Habeas Corpus
Habeas Hints by Kent A. Russell This column is intended to provide "habeas hints" to prisoners who are handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is post-conviction practice under the AEDPA, the 1996 law which now governs habeas corpus practice throughout …
Article • February 15, 2005 • from PLN February, 2005
AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E Dannenberg AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that for 28 U.S.C. § 2254 habeas corpus filing-deadline purposes, the AEDPA one-year filing …
Brief • February 3, 2005
Castellini v. Lappin, MA, Complaint - Shock Incarceration Program, 2005 Case 1:05-cv-10220-PBS Document 1-1 Filed 02/03/2005 , FILED 1 t, CLfRKS OFFICE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSET TS RICHARD CASTELLINI tp t. !,...,. r""_ .....,.;._; . ; illll:i FEB -3 p 1- c ~...,.,...... ,..~ !'"'• …
Article • January 15, 2005 • from PLN January, 2005
Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity by The Washington State Supreme Court has held jail personnel have a duty to take steps to promptly release a detainee once they know or should know, based on information provided to them that the person they are holding …
California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved by California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved Proposition 66 (Prop. 66), a voter Initiative Act placed on the ballot by prisoners' families to soften California's unforgiving "3-Strikes" law by qualifying an offense …
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