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Article • January 15, 2005 • from PLN January, 2005
DNA Profiling of Conditionally Released Federal Offenders Upheld by John E Dannenberg DNA Profiling Of Conditionally Released Federal Offenders Upheld by John E. Dannenberg A sharply divided en banc Ninth Circuit U.S. Court of Appeals held that the United States does not violate the Fourth Amendment when it requires "DNA …
Article • January 15, 2005 • from PLN January, 2005
Filed under: Sentencing, Parole
Washington ISRB Departure From Standard Sentencing Range Upheld by Washington ISRB Departure from Standard Sentencing Range Upheld The Washington Supreme Court has affirmed the State Indeterminate Sentence Review Board's (ISRB) extension of a sex offender's sentence beyond the standard range under the state's Sentencing Reform Act (SRA). Chapter 9.94A RCW. …
Article • December 15, 2004 • from PLN December, 2004
Washington Supreme Court Rejects Federal Mail-Box Rule by The Washington State Supreme Court has rejected the federal mail-box rule, under which pro se prisoners' pleadings are deemed filed when they are given to prison officials for mailing to the court. This ruling was based on differences between state and federal …
Iowa Sex Offender Residence Restrictions Unconstitutional by by Matthew T. Clarke A federal court in Iowa has held that the residential restrictions placed upon sex offenders by Iowa Code § 692A.2A are unconstitutional. John Does I-III, Iowa sex offenders, filed a class-action suit under 42 U.S.C. § 1983 in Iowa …
Article • December 15, 2004 • from PLN December, 2004
California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot by John E Dannenberg by John E. Dannenberg The California Court of Appeals held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a …
Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing by David Reutter Exculpatory Evidence Must be Disclosed at Prison Disciplinary Hearing by David M. Reutter The Seventh Circuit Court of Appeals has held that a prisoner is entitled to receive exculpatory evidence in a prison disciplinary hearing when a liberty …
Article • December 15, 2004 • from PLN December, 2004
Filed under: Sentencing, Parole
California Parole Board Must Vacate Parole Denial And Give Lifer New Hearing by John E Dannenberg by John E. Dannenberg The California Court of Appeals ordered the Board of Prison Terms (BPT) to vacate its decision denying parole and give a murderer a new parole hearing wherein it shall consider …
Article • November 15, 2004 • from PLN November, 2004
Filed under: Sentencing, Habeas Corpus
Habeas Hints 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 corpus law which now governs …
Article • November 15, 2004 • from PLN November, 2004
Last Chance For Washington Prisoners To Request Postconviction DNA Testing is December 31, 2004 by Washington state prisoners who believe DNA evidence may prove their innocence must file a request for postconviction DNA testing by December 31, 2004. Starting January 1, 2005, a defendant must raise DNA issues at trial …
Article • November 15, 2004 • from PLN November, 2004
Washington Police Kill Unarmed Escapee in Botched Raid; Prisoner Also Killed by Michael Rigby Washington Police Kill Unarmed Escapee In Botched Raid; Prisoner also Killed By Michael Rigby One day after he used a fake gun to escape from a courthouse in Tacoma, Washington, a "three-strikes" prisoner was killed by …
Article • November 15, 2004 • from PLN November, 2004
PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award by David Reutter The Eleventh Circuit Court held the attorney fee cap of the Prison Litigation Reform Act (PLRA) applies to parole cases and is constitutional and allows a fees-on-fees award. Georgia prisoner Coleman Jackson filed a joint motion …
Article • November 15, 2004 • from PLN November, 2004
Alaska Prisoners Cannot Challenge Conditions of Confinement Under State Post-Conviction Relief Statute by Roger Smith The Alaska court of appeals has dismissed a prisoner's suit challenging the conditions of his confinement in an Alaska prison under AS § 12.72.020(c), Alaska's post-conviction relief statute. This ruling came after the court found …
Wrongfully Convicted Pennsylvania Prisoner Settles for $2.3 Million; Forensics Expert Fired by A wrongfully convicted ex-prisoner who spent 15-years in a Pennsylvania prison got modest compensation from the government that imprisoned him by winning a $2.3 million settlement in the lawsuits he filed. In Washington state, a forensic scientist was …
Article • November 15, 2004 • from PLN November, 2004
Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time" by by Matthew T. Clarke The Texas Court of Criminal Appeals has recently clarified the meaning of the recent statute allowing the award of parole "street time" credits for prisoners convicted of non-violent crimes. Lucian Lee Spann and Andrew Michael …
Article • September 15, 2004 • from PLN September, 2004
BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated to Time Served by John E Dannenberg BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated To Time Served by John E. Dannenberg The U.S. District Court (W.D. Wisc.) held that good time credits available to federal …
Article • September 15, 2004 • from PLN September, 2004
Former Ohio Parole Chief, Parole Attorney Alliance Raises Ethical Concerns by Michael Rigby A business partnership between former head of the Ohio Parole Board, Margarette Ghee, and Ohio prisoner-turned-parole attorney, Derek Farmer, has raised ethical concerns in the legal and criminal justice communities. After serving 18 years on a 1974 …
FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled by The Ninth Circuit Court of Appeals has held that a civil action under the Federal Tort Claims Act (FICA) for negligently calculating a federal prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until …
Article • September 15, 2004 • from PLN September, 2004
Federal Halfway House Litigation by Todd Bussert by Todd Bussert, Esq.* In Decemberr 2002, a shock wave reverberated through the federal prison system, when the Bureau of Prisons (BOP) announced radical changes in its policy on when it will allow prisoners to serve some or all of their sentences in …
Article • September 15, 2004 • from PLN September, 2004
Filed under: Sentencing, Good Time, Parole
Texas Prisoners Have Right to Specific Notice of Mandatory Supervision Hearing by by Matthew T. Clarke On May 19, 2004, the Texas Court of Criminal Appeals (CCA) issued a revised opinion holding that a prisoner being considered for denial of mandatory supervision release has the right to specific notice of …
Article • September 15, 2004 • from PLN September, 2004
Austin, Texas, Settles Wrongful Conviction Suit for $9 Million by by Matthew T. Clarke On July 17, 2003, the City of Austin, Texas settled for $9 million a suit brought by the guardian of a wrongfully convicted Texas prisoner. Richard Danziger, 31, a wrongfully convicted Texas state prisoner, spent 12 …
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