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Book Review: The Disciplinary Self-Help Litigation Manual: A Guided Tour of Wonderland by Stuart G. Friedman by Dan Manville, 350 pages, paperback Review by Stuart G. Friedman As any criminal litigator knows, dealing with prison issues feels like jumping through the looking glass and into Wonderland. Despite court statements suggesting …
Washington Sex Offenders' Release Plans Must Be Processed by The Washington State Court of Appeals for Division 1 has held that the Washington Department of Corrections (DOC) must process sex offenders' release plans, even if they are being referred for civil commitment as sexually violent predators. William Dutcher was a …
Invisible Punishment: The Collateral Consequences of Mass Imprisonment by Silja JA Talvi Edited by Marc Mauer and Meda Chesney-Lind, The New Press, 2002, 368 pgs. Review by Silja J.A. Talvi Mass imprisonment, according to criminal justice experts Marc Mauer and Meda Chesney-Lind, is the direct outgrowth of social and legal …
No Presumption of Collateral Consequences from California Disciplinary Proceeding by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Ap- peals held that in a 28 U.S.C. § 2254 habeas proceeding, a guilty finding in a California state prison disciplinary proceeding would not be accorded a …
Article • January 15, 2004 • from PLN January, 2004
U.S. Parole Law Amendment Ruled Ex Post Facto as Applied by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals ruled that a 1987 change to the U.S. Sentencing Reform Act (SRA) (18 U.S.C. § 4206(c)) that allowed for parole eligibility to be extended beyond …
Article • January 15, 2004 • from PLN January, 2004
California Habeas Handbook, 4th Edition by John E Dannenberg by Attorney Kent Russell, Sept. 2003, 67 pages plus appendix Review by John E. Dannenberg The completely revised 4th Edition of the California Habeas Handbook, a self-help manual on the preparation of both California and federal habeas corpus petitions, guides pro …
Article • January 15, 2004 • from PLN January, 2004
Filed under: Sentencing, Good Time
Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest by Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest The U.S Court of Appeals for the 6th Circuit recently held that the 14th Amendment to the U.S. Constitution requires warrantless arrestees to be arraigned within 48 …
Article • January 15, 2004 • from PLN January, 2004
Successive Petition Habeas Rule in Parole and Disciplinary Cases by Successive Petition Habeas Rule in Parole and Disciplinary Cases The Seventh and Ninth U.S. Circuit Courts of Appeal, in unrelated cases, have construed and applied the "second or successive petition" rule of 28 U.S.C. § 2244(b). The rule requires that …
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Matthew T. Clarke The Fifth Circuit court of appeals has held that prisoners whose mandatory release dates are adversely affected by a change in …
Immunity Granted to Wisconsin Sex Offenders in Treatment by Immunity Granted to Wisconsin Sex Offenders in Treatment The Wisconsin Supreme Court has held that Gary Tate is entitled to immunity for statements made at court imposed sex offender treatment, and the revocation of his probation for refusing to make admissions …
County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer by The Eleventh Circuit Court of Appeals held that Georgia Sheriffs are a county policymaker regarding their duties in the maintenence and recall of criminal warrants thus making the county liable in a § 1983 action for the Sheriff's …
Article • December 15, 2003
Filed under: Sentencing, Parole
False Information in Parole File May Violate Due Process by The use of false information in a parole file can be a due process violation, but such a claim cannot be conclusory and must specify the false information. A reduction in the frequency of parole consideration for persons with life …
Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender by by Matthew T. Clarke The Fifth Circuit court of appeals held that a parolee who has never been convicted of a sex offense is entitled to a due process hearing prior to being required to register as …
Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money by Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money By David M. Reutter Florida's Department of Juvenile Justice (DJJ) regularly transfers its wards among several programs, resulting in extended terms of incarceration, which has …
Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John E. Dannenberg The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics Anonymous (NA) …
Article • December 15, 2003
Warden's False testimony at Death Sentence Hearing Okay by The petitioner was convicted of murdering another prisoner and was sentenced to death. At the penalty phase, the warden testified that he thought a death sentence had "quite an effect" on the prison population and a life sentence had "very little …
Article • December 15, 2003
Japanese Man Awarded $500,000 For Being Held In Bahamas Prison For 8 Years Without A Court Hearing by Japanese Man Awarded $500,000 For Being Held In Bahamas Prison For 8 Years Without A Court Hearing In August 1992, Atain Takitota traveled from his home in Osaka, Japan to Paradise Island, …
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit by California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment trials for …
Article • December 15, 2003
Number of Presidential Pardons Declining by Michael Rigby In spite of a rising number of requests, presidential pardons have become virtually non-existent under the George W. Bush administration. During his first two years in office Bush neither granted any pardons nor commuted any sentences. On December 23, 2002, Bush finally …
Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral by John E Dannenberg by John E. Dannenberg California's $5.3 billion prison spending plan was shaved only a miniscule $35 million in the August 2, 2003 $100 billion annual state budget - a "budget" that is admittedly $38.2 billion out of balance …
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