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U.S. Supreme Court: Guantanamo Detainees and "Enemy Combatants" Have Access to Habeas Corpus by John E Dannenberg U.S. Supreme Court: Guantanamo Detainees and "Enemy Combatants" Have Access To Habeas Corpus by John E. Dannenberg In three interrelated decisions, the U.S. Supreme Court ruled that "enemy combatant" detainees held at Guantanamo …
Article • March 15, 2003 • from PLN October, 2004
California Awards Wrongly Incarcerated Man $428,000 by The State of California awarded $428,000 on September 24, 2003 for the 12 years of false incarceration served by an East Palo Alto, California man whose murder conviction had been abated when Santa Clara County prosecutors became convinced they had put the wrong …
Report Downplays Wrongful Convictions in U.S. by Hans Sherrer A report by University of Michigan staffers and law students _ Exonerations in the United States: 1989 through 2003 _ was released to the public on April 23, 2004. The report analyzed data from 328 cases during that 15 year period …
Tulia Travesty Settled for $6 Million by Hans Sherrer Tulia Travesty Settled For $6 Million by Hans Sherrer On August 22, 2003, Texas Governor Rick Perry pardoned 35 people whose convictions stemmed from a Swisher County drug investigation that began in 1998. The prosecution of those people began with the …
Article • March 15, 2003 • from PLN October, 2004
New Jersey Over Detains Prisoner Two Years Due to Illegal Sentence Calculation by The Superior Court of New Jersey, Appellate Division has held that the New Jersey Department of Corrections (NJDOC) cannot depart from the terms a sentencing judge imposes. In September 1994, prisoner Larry Hill was released on parole …
Article • March 15, 2003 • from PLN October, 2004
Stun Belt Violates Due Process; Habeas Granted by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals held that the use of a stun belt to restrain a California criminal defendant during his trial violated due process of law and was grounds for reversal upon a …
Georgia Parole Corruption Deepens by Gary Hunter A trail of corruption, greed, and cronyism has led to the indictment of a Georgia senator, the dismissal of an assistant attorney general and the resignation of six parole board members including the director and the chairman. Van Streat was suspended from his …
Article • March 15, 2003 • from PLN March, 2003
Texas Eliminates Habeas Corpus Following Probation Revocation by The Texas Court of Criminal Appeals (TCCA) has eliminated the habeas corpus exception to the prohibition against attacking the original conviction after revocation of probation. Timothy Lee Jordan, a Texas state prisoner, was convicted of theft and robbery and placed on probation. …
Article • March 15, 2003 • from PLN March, 2003
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Standard of Review by Kent Russell This column is intended to provide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
Article • March 15, 2003 • from PLN March, 2003
California Parole Official Demoted by The vice chairman of the California parole board, Jones Moore, was recently demoted after board Chairwoman Carol Daly received what she termed "an unacceptable number of complaints" about Moore's behavior from numerous attorneys representing prisoners at their parole hearings. In an August 27, 2002, letter …
Article • March 15, 2003 • from PLN March, 2003
Ohio Prison Officials Cannot Alter Jail-Time Credit Award by The Court of Common Pleas of Marion County, Ohio, has granted release to an Ohio prisoner on habeas corpus after finding that Department of Rehabilitation and Correction (DORC) officials illegally altered a court sentencing entry to "correct" a perceived error in …
Article • March 15, 2003 • from PLN March, 2003
Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas by The court of appeals for the Seventh circuit held that a prisoner's failure to present his claim of hearing officer bias in an administrative appeal waived the claim on habeas review. Steven Eads, an Indiana state prisoner, was …
Article • March 15, 2003 • from PLN March, 2003
Habeas Corpus Sole Remedy for BOP Sentence Reduction by Michael Bourke was convicted in federal court of possessing a machine gun and a controlled substance. He completed a drug treatment program in prison and then sought a one year reduction in sentence pursuant to 18 U.S.C. § 3621(e)(2)(B). The Bureau …
Brief • March 11, 2003
Jones v. Markham et al, IL, Complaint, Wrongful Conviction Imprisonment, 2003 • 1 > Attorney Code: 55091 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION RONALD JONES, ) ) ) ) Plaintiff, v. No. 00 L 5608 ) JOHN MARKHAM, #2913, STEVEN HOOD, ) #11885, CARL …
U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman In a ruling believed to be the first of its kind, Judge James Gwin of the United States …
Article • February 15, 2003 • from PLN February, 2003
Washington Police Scientists' Work Under Scrutiny by Innocence Project Northwest (IPNW) is undertaking a review of cases in which Washington State Patrol scientists Arnold Melnikoff and Michael Hoover conducted forensic testing or offered expert testimony. It was recently revealed that Melnikoff engaged in scientific fraud during his tenure as the …
Article • February 15, 2003 • from PLN February, 2003
No Probation in Arizona Jail Drug Possession by The Arizona court of appeals held that Proposition 200, which mandates probation for drug possession offenses, does not apply to drug possessions that occur in detention facilities. Edwin Roman was convicted of promoting prison contraband and possessing dangerous drugs after guards in …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Sentencing, Good Time, Parole
Good Time on Alaska CS Sentences Subtracted from Aggregate Sentence by The Alaska Court of Appeals held that good time credits for prisoners serving consecutive sentences are subtracted from the entire sentence rather than against each separate sentence. The court also held that prisoners serving more than one sentence receive …
Article • January 15, 2003 • from PLN January, 2003
Habeas Hints: Procedural Update by Kent Russell This column is intended to pro-vide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
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