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Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary by The Supreme Court of Kansas held that prisoners are not required to exhaust administrative remedies before petitioning for a writ of habeas corpus. The court also held that neither due process nor regulations of the …
Article • September 15, 2002 • from PLN September, 2002
California Prisoners Remanded to Jail for Resentencing Do Not Accrue Jail Behavior Credits by California Prisoners Remanded To Jail For Resentencing Do Not Accrue Jail Behavior Credits For the narrow question of which behavior credits apply to a state prisoner remanded to county jail solely for resentencing, the California Supreme …
Article • September 15, 2002 • from PLN September, 2002
Connecticut Retroactive Application of 85% Rule Violates Ex-Post Facto by The Connecticut Supreme Court has decided that retroactive application of a State law raising the time for parole eligibility from 50% to 85% of time served violates the ex post facto clause of the U.S. Constitution. The court further found …
Article • August 15, 2002 • from PLN August, 2002
New Jersey Goes Online with Sex Offender Website by A federal district court in New Jersey has denied sex offender plaintiffs Motion for Preliminary Injunction Relief seeking to prevent implementation of New Jersey's (NJ) Internet sex offender registry, but barred the listing of the offenders' home addresses. On November 7, …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Sentencing, Good Time, Parole
No 85% on New Jersey Murder Conviction by The Supreme Court of New Jersey has affirmed an Appellate Division's holding that the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, does not apply to murder. The justices evenly split on this case of statutory construction. Murder is the only crime for …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Sentencing, Parole
Court Reviewability of California Parole Denials Survives; No Parole Policy Goes to State Supreme Court by Marvin Mentor The California Supreme Court let stand one appellate court's ruling that the California Board of Prison Terms' (BPT) lifer parole denial decisions were subject to court oversight under a "some evidence" standard, …
USPC Reverses Stance on HIV Discrimination after Suit Filed by Deborah M Golden by Deborah M. Golden In September 2001, the United States Parole Commission (USPC) issued a Notice of Action that, while not precedent, signifies an important policy and a possible way for prisoners to challenge parole decisions. The …
Brief • July 22, 2002
Filed under: Wrongful Imprisonment
Stucker v. County of Sacramento, CA, Claim, Wrongful Imprisonment, 2002 ..- Please file in person, or mail to· r~ Board of Supervi$ol'$, 700 H Street, ,-,...._ _~. . '-" Keep one (1) copy for your record. L02.0 all g \ (Hi .' -'450, Saentmento, CA 9581<& 'wi CLAIM AGAINST THE …
Court Issues TRO Protecting Constitutional Right to Family Relationships by David Reutter by David M. Reutter A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. …
Article • July 15, 2002 • from PLN July, 2002
Illinois Man Awarded $15 Million for 15 Years of Wrongful Imprisonment by On October 29, 2001, a federal jury in Chicago awarded $15 million plus about $2 million in attorney fees to James Newsome, 45, who was wrongfully convicted of murder and spent 15 years behind bars. It was the …
Article • July 15, 2002 • from PLN July, 2002
Wrongly Paroled Texas Prisoner Entitled to Street Time by by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that a prisoner erroneously released on parole was entitled to credit on both of his consecutive sentences for his time spent on the street. Earnest Millard, a Texas …
Article • July 15, 2002 • from PLN July, 2002
Interview by One Montana Parole Board Member Violates Due Process by The Montana Supreme Court held that prisoners in that state have a due process and statutory right to personally appear before all Parole Board members who will decide the merits of the prisoner's parole application. Montana prisoner Rodney West …
Article • July 15, 2002 • from PLN July, 2002
Catalyst Theory Guts Fee Award in Texas Parole Case by The court of appeals for the Fifth circuit vacated an award of $471,946 in attorney fees in a Texas parole suit finding that a recent supreme court ruling precluded attorney fee awards under the catalyst theory. Texas prisoners filed a …
Article • June 15, 2002 • from PLN June, 2002
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Post Conviction Relief 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 in propia persona. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law …
Article • June 15, 2002 • from PLN June, 2002
California Jury Awards $1 Million in Jail Rape by On November 20, 2001, a Los Angeles county jury returned a $1 million verdict to 39 year-old Jay Reynolds, a former jail detainee who was raped by his cellmates after a judge ordered his release from jail. Reynolds was arrested in …
Forced AA/NA for Parolee Defeats Qualified Immunity by A Wisconsin federal district court has held that officials are not entitled to qualified immunity when they require atheist parolees to participate in religious based substance abuse programs. John Bausch, a former prisoner and parolee, filed an action under 42 U.S.C. § …
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
Former CCA Captain and Texas Probation Officer Pleads Guilty by On October 25, 2001, Jason Driskell, 27, a former captain at the Corrections Corporation of America (CCA) operated Whiteville Correctional Facility (WCF) in Tennessee, pleaded guilty to obstruction of justice charges in federal court. Driskell admitted that in 1999 he …
Article • April 15, 2002 • from PLN April, 2002
D.C. Wrongly Jails Mentally Ill Man for Two Years by D.C. Wrongly Jails Mentally Ill Man For Two Years Joseph Heard, 42, was released from the Washington D.C. jail on August 13, 2001. He served nearly 2 years in solitary confinement in the jail's mental health unit. The problem is …
Mistakenly Released Prisoners Have No Due Process Rights by The Court of Appeals for the Fourth Circuit has held that prisoners who were released on mandatory supervision then arrested as escaped prisoners and reincarcerated without a hearing had no right to due process. Vincent Henderson, Daryelle Rexrode, and John Calella, …
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