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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). …
Injunctive Relief Granted for Parole Rescission Based on Free Speech by Injunctive Relief Granted for Parole Rescission Based on Free Speech U.S. District Judge Joseph E. Irenas of New Jersey recently granted Edward Forchion's request for a preliminary injunction reinstating him to New Jersey's Intensive Supervised Parole (ISP) pending trial …
Article • June 15, 2004 • from PLN June, 2004
Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams The United States District Court for the District of Columbia has approved a Consent Decree correcting unconstitutional parole revocation procedures of the United States Parole Commission …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Notice Required in Texas Parole Date Rescission by Notice Required in Texas Parole Date Rescission In an en banc opinion, the Texas Court of Criminal Appeals has held that the parole board must provide a prisoner prior notice of a hearing before reconsidering its decision to grant the prisoner mandatory …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively by Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively The Kansas Supreme Court recently held that an amended version of the Department of Corrections (DOC) regulation governing the award of good time …
The Problem of False Confessions in the Post-DNA World, Steven Drizin and Richard Leo, North Carolina Law Review, 2004 HeinOnline -- 82 N.C. L. Rev. 891 2003-2004 Electronic copy available at: http://ssrn.com/abstract=1134094 HeinOnline -- 82 N.C. L. Rev. 892 2003-2004 Electronic copy available at: http://ssrn.com/abstract=1134094 HeinOnline -- 82 N.C. L. …
Article • May 15, 2004 • from PLN May, 2004
Washington Prisoners Get Credit for Time Spent at Liberty by The Washington State Supreme Court has held that prisoners mistakenly released early by the State Department of Corrections (DOC) are entitled to credit against their sentences for the time they spend out of custody. In so ruling, the state supreme …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Sentencing, Parole
California's New Governor Must Reconsider Former Governor's Parole Reversal by John E Dannenberg by John E. Dannenberg The California Court of Appeal found that former Governor Davis's reversal of the grant of parole for a second degree murderer was not wholly supported by "some evidence," and returned the case for …
BOP Rule Denying Early Release Eligibility Violates APA by A federal court in Oregon held that Bureau of Prisons (BOP) drug treatment rules violate the Administrative Procedures Act (APA). "18 U.S.C. § 3621(b) directs the Bureau of Prisons (BOP) to provide substance abuse treatment to those prisoners who have a …
Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused by Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also …
Article • May 15, 2004 • from PLN May, 2004
No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes by No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes The Washington state supreme court unanimously held that a prisoner determined by the Washington state Department of Corrections (DOC) …
Article • May 15, 2004 • from PLN May, 2004
Absence of AEDPA in Texas Law Library May Toll Limitations by by Matthew T. Clarke The Fifth Circuit court of appeals has held that the absence of a copy of the Anti Terrorism and Effective Death Penalty Act, (AEDPA) in a Texas prison's law library coupled with the prisoner's lack …
Article • May 15, 2004 • from PLN May, 2004
$15 Million Award for Wrongful Conviction Upheld by $15 Million Award for Wrongful Conviction Upheld The U.S. Court of Appeals for the Seventh Circuit affirmed a district court's denial of qualified immunity for two Chicago policemen who had concealed evidence and induced witnesses to testify falsely against a man wrongfully …
No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times by Robert Woodman by Dorothy Rabinowitz. 2003. Free Press, ISBN: 0-7432-2834-0 Review by Robert Woodman "There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice." These words, …
Article • May 15, 2004 • from PLN May, 2004
Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment by In 1991, Jimmy "Spunk" Williams, 32, was convicted of raping a 12 year-old girl, and sentenced to life in prison. Williams was appointed attorney Tom Watkins to represent him at a December 2001 parole hearing. Convinced of Williams' innocence, Watkins …
Article • May 15, 2004 • from PLN May, 2004
Texas Probation Officer Charged With Having Juvenile Probationer's Baby by Gary Hunter Texas Probation Officer Charged With Having Juvenile Probationer's Baby by Gary Hunter Laura Hernandez, a 32 year old probation officer, was arrested October 30, 2003 when it was discovered that the father of her child was only 16 …
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