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Article • September 15, 2003 • from PLN September, 2003
Washington State's Changes to Good Time Laws Benefit Few by Lonnie Burton On May 20, 2003, Washington state governor Gary Locke signed into law Senate Bill 5990, which works numerous changes to the amount of good time prisoners in the state can receive. The new law, passed by 43-4 and …
Article • September 15, 2003 • from PLN September, 2003
Strapped States Threaten Prisoner Releases to Extort Revenue by by Matthew Clarke In the wake of an economic downturn, states throughout the country are facing budget deficits averaging 15% of their previous general revenue. A uniform response to the revenue shortfall has been to threaten the early release of state …
Article • September 15, 2003 • from PLN September, 2003
Filed under: Sentencing, Habeas Corpus
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 …
Criminal Law Update by Reaves, Jr, Walter M by Walter Reaves The following are summaries of the some of more significant, and interesting cases decided during the last several months dealing with issues important to prisoners and those interested in post-conviction litigation. SEARCH AND SEIZURE Corroboration of Affidavit - United …
Article • August 15, 2003 • from PLN August, 2003
U.S. Supreme Court Upholds California's Harsh Three-Strikes Law by John E Dannenberg U.S. Supreme Court Upholds California's Harsh Three-Strikes Law by John E. Dannenberg In two 5 to 4 decisions, the U.S. Supreme Court ruled that California's harsh "three strikes and you're out" law is not grossly disproportionate in violation …
Article • August 15, 2003 • from PLN August, 2003
Probation and Parole Populations Continued to Rise in 2001 by According to the Bureau of Justice Statistics (BJS), in a bulletin released in August 2002, the total number of adult women and men under some form of correctional supervision --jail, prison, probation, or parole rose to 6,592,800 by the end …
Overt Act Unnecessary to Allege Conspiracy Claim in 7th Circuit by The United States Court of Appeals for the Seventh Circuit held that it is not necessary to allege an overt act to state a conspiracy claim. The court also held that dismissal of a prisoner's retaliation claim for failure …
Dallas Police Convicted of Framing Drug Defendants, DA Refuses to Help Innocent Prisoners by by Matthew T. Clarke In April, 2000, former Dallas police officers Quentis Roper and Daniel Maples were convicted of extorting more than $125,000 from drug dealers and illegal immigrants and falsifying evidence against those who refused …
Article • July 15, 2003 • from PLN July, 2003
Over 100 Prisoners Exonerated Through DNA, Government Cuts Funding by Rex Bagley Bruce Godschalk became a free man on February 14, 2002,after fifteen years of incarceration for a crime he refused to admit to. In May, 1987 he was convicted in Philadelphia for the rape of two women and indecent …
No Right to Renounce Citizenship - U.S. Not "at War" by No Right to Renounce Citizenship - U.S. Not "at War" Judge Bernice B. Donald of the United States District Court for the Western District of Tennessee has denied habeas corpus relief to a Wisconsin prisoner seeking to renounce his …
Article • July 15, 2003 • from PLN July, 2003
California Governor Has Carte Blanche in Denying Lifer Paroles by Marvin Mentor The California Supreme Court ruled that the governor has almost unlimited power to reverse a decision of the parole board (Board of Prison Terms ("BPT")) and that his decision may be reviewed by a court only to see …
Article • July 15, 2003 • from PLN July, 2003
U.S. Supreme Court Upholds Sex Offender Registration Laws by In two decisions handed down on March 5, 2003, the United States Supreme Court reversed the Ninth and Second U.S. Circuit Courts of Appeal, both of which had struck down state sex offender registration laws, popularly known as "Megan's Law(s)." In …
Article • July 15, 2003 • from PLN July, 2003
Arizona Governor Must Personally Decide Prisoner Clemency Denials by The Arizona Supreme Court held that the governor must personally and timely decide denials of unanimous Clemency Board recommendations to commute prisoners' sentences under that state's Disproportionality Review Act. In one case, after finding the governor had not so acted, an …
Article • July 15, 2003 • from PLN July, 2003
Habeas Granted in BOP Good Time Case by More than one year after Lopez v. Davis, 121 S.Ct. 714, 531 U.S. 230 (2001), an Oregon U.S. District Court has ordered the Federal Bureau of Prisons (BOP) to transfer a prisoner to a community corrections (CCC) program "as soon as practicable." …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Article • July 15, 2003 • from PLN July, 2003
Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing by The Washington Supreme Court recently reaffirmed its well-settled rule that parolees need not establish prejudice when challenging the Indeterminate Sentence Review Board's ("ISRB") parole decisions based on procedural violations. Because the Court of Appeals erroneously required a showing …
Article • July 15, 2003 • from PLN July, 2003
Joinder of Georgia Annual Parole Hearing Injunction is Rejected by The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration hearings. James …
Gov. Ryan's Song by Mumia Abu-Jamal by Mumia Abu Jamal Illinois Gov. George Ryan, in the last passing days of his first and only term, saved the best for last. He sent shock waves across the nation when he issued four pardons to men sitting on the Condemned Units of …
Article • July 15, 2003 • from PLN July, 2003
Illinois Governor Commutes All Death Sentences by Michael Rigby On January 11, 2003 Governor George Ryan ensured himself a place in the history of criminal justice reform by commuting the death sentences of 167 people. It was the most sweeping act of its kind by a governor in U.S. history. …
Article • July 15, 2003 • from PLN July, 2003
Houston Crime Lab Closed, Prisoner Freed by Michael Rigby On March 6, 2003, the Houston Police Department (HPD) Chief C. O. Bradford announced that the department's DNA crime lab had been shut down and that internal affairs had launched an investigation into possible criminal and other misconduct. The announcement came …
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