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Article • August 15, 2004 • from PLN August, 2004
Federal DNA Statute Not Challengeable in Criminal Appeal by Federal DNA Statute Not Challengeable In Criminal Appeal The U.S. Court of Appeals for the Fifth Circuit has held that 42 U.S.C. § 14135 et seq. (the Act) may not be challenged on a direct criminal appeal or habeas proceeding. The …
Article • August 15, 2004 • from PLN August, 2004
Habeas Hints by Kent A. Russell 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 …
Article • August 15, 2004 • from PLN August, 2004
Florida's Felon Disenfranchisement Law Under Spotlight by David Reutter by David M. Reutter Since the 2000 presidential election, Florida's voting laws have been under scrutiny. One of the issues being debated is Florida's constitutional provision that permanently disenfranchises felons. When Florida gave blacks the right to vote as a condition …
Article • August 15, 2004 • from PLN August, 2004
California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought …
Article • July 15, 2004 • from PLN July, 2004
Supreme Court Holds Guantanamo Detainees Can Challenge Detention by On November 10, 2003, the U.S Su-preme Court agreed to consider whether 16 detainees who are suspected of al-Qaeda or Taliban connections can challenge their detention in U.S. courts. The court will not decide whether the detention of the two Britons, …
Article • July 15, 2004 • from PLN July, 2004
BJS Looks at Probation, Parole in 2002 by By the end of 2002, more than 6.7 million adults were incarcerated, on probation, or parole. This amounts to 3.1% of all adults in the United States, or about 1 in every 32 U.S. adults under correctional supervision. This is according to …
Article • July 15, 2004 • from PLN July, 2004
$3 Million in Settlements for Wrongful Illinois Convictions by by Matthew T. Clarke On June 17, 2003, Illinois passed a state budget that includes around $1.5 million in settlements for wrongly convicted former prisoners, including Rolondo Cruz and Aaron Patterson, former death row prisoners pardoned by former Governor George Ryan. …
Article • July 15, 2004 • from PLN July, 2004
Record Number of "Lifers" Now in U.S. Prisons by Record Number of "Lifers" Now in U.S. Prisons A new national study by The Sen tencing Project released on May 11, 2004, finds that a record one of every eleven (9.4%) prisoners in the United States is now serving a life …
Article • July 15, 2004 • from PLN July, 2004
Filed under: Private Prisons, Probation
Private Probation Companies Prove Corrupt in Tennessee by Gary Hunter Criminal Court Judge Chris Craft claimed private probation companies have "created a nightmare" in the Memphis, Tennessee probation system. Judge Craft, who is also chairman of the Private Probation Services Council, said that probation companies currently charge probationers fees "that …
Article • July 15, 2004 • from PLN July, 2004
Challenge to State Parole Revocations Must Be Brought Under § 2254 by Challenge to State Parole Revocations Must be Brought Under § 2254 The Second Circuit Court of Appeals held that state prisoners challenging parole revocation decisions in federal court must do so under 28 U.S.C. § 2254, rather than …
Court Continues Oversight and Orders Corrections in Georgia Jail by David Reutter by David M. Reutter "The Court is totally out of patience with the assurances and promises that compliance will be achieved" with the Final Settlement Agreement signed on January 24, 2000. So said Judge Shoeb, U.S. District Court …
Article • June 15, 2004 • from PLN June, 2004
California's Proposition 36 Parole Violator Drug Treatment Program Covers Probation Violators by John E Dannenberg by John E. Dannenberg The California Court of Appeal judicially extended the reach of California's parole violator alternative drug treatment program, Proposition (Prop.) 36 (Nov. 7, 2000, codified at Penal Code §§ 1210, 1210.1, 3063.1) …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided another in a series of cases about when prisoners can sue directly under 42 U.S.C. § 1983, versus when they must first employ habeas corpus proceedings, to challenge actions by prison officials. The difference is very important …
Article • June 15, 2004 • from PLN June, 2004
Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release on Parole by John E Dannenberg Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release On Parole by John E. Dannenberg The US District Court (E.D. Pa.) held that a 1996 amendment to the Pennsylvania …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Escapes, Sentencing, Detainers
Indictment Dismissed for Failure to Comply with Interstate Agreement on Detainers by The Wyoming Supreme Court reversed a conviction and dismissed the underlying indictment because the State failed to bring the defendant to trial within the time period allotted in the Interstate Agreement on Detainers (IAD). In 1997, Janvirgo Odhinn …
Article • June 15, 2004 • from PLN June, 2004
Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E Dannenberg Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court, E.D. Calif. denial of a California state lifer's federal habeas …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
D.C. Prisoners Serving Life Sentences Have No Right to Earn Good Time Credits on Maximum Terms by The United States Court of Appeals for the District of Columbia recently held that prisoners serving life sentences with the possibility of parole have no right to earn good time credits on their …
Article • June 15, 2004 • from PLN June, 2004
Unearned Good Time Credits May Not Be Withheld as Disciplinary Sanction by Bob Williams Unearned Good Time Credits May Not Be Withheld As Disciplinary Sanction by Bob Williams The West Virginia Supreme Court of Appeals has held that a state prisoner may not lose more good time credits as a …
Article • June 15, 2004 • from PLN June, 2004
Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction. by Bob Williams Mandating administrative hearings and allowing for judicial review, the Colorado Court of Appeals has reversed a state district court's dismissal of a prisoner's challenge to his Colorado Department of Corrections (CDOC) sex offender …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Capello Decision Remains Good Law by The Washington Court of Appeals, Division I, held that the Legislature exceeded its authority when it attempted to statutorily overrule the appellate court's decision in In re Personal Restraint of Capello, 106 Wn. App. 576, 24 P.3d 1074, review denied, 145 Wn.2d 1006 (2001). …
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