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Released NYC Prisoners Win Mental Health Benefits by Prisoners in New York City jails who received treatment for mental illness won class certification and a preliminary injunction requiring defendants to provide written discharge plans for prisoners who, during their confinement, received treatment for mental illness. Plaintiffs sought certification of the …
Washington Enacts Sweeping New Sentencing Laws, Creates Parole Board for Sex Offenders by Lonnie Burton Washington Governor Gary Locke recently signed into law the biggest changes to that state's sentencing laws since the Sentencing Reform Act of 1984 (SRA) was established. The Bill, known formally as Third Engrossed Substitute Senate …
Article • December 15, 2001 • from PLN December, 2001
Habeas Hints: AEDPA Update 2001 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 pro per). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law …
Article • December 15, 2001 • from PLN December, 2001
Arizona Supreme Court Upholds Application of Gate Money Amendments by The Arizona Supreme Court, sitting en banc , held that amendments to Arizona's "Gate Money" statute were not applied retroactively and did not violate due process or ex post facto prohibitions. Arizona prisoner Reinhold Zuther was convicted in 1992. At …
Article • December 15, 2001 • from PLN December, 2001
Filed under: Sentencing, Detainers
U.S. Supreme Court Holds Violation of IAD's Anti-Shuttling Provisions Requires Dismissal by The United States Supreme Court held that the "anti-shuttling" provision of Article IV(e) of the Interstate Agreement on Detainers (IAD) requires dismissal of the pending criminal charge(s) in the receiving state when the prisoner is returned to the …
Article • December 15, 2001 • from PLN December, 2001
Connecticut and Florida Change Felon Disenfranchisement Laws by Connecticut and Florida take different approaches as they address the disenfranchisement of convicted felons. In Connecticut, state lawmakers, after intense debate and much legislative maneuvering, passed a bill that gives back the right to vote to convicted felons on probation. In a …
PLRA Does Not Apply to Habeas Corpus Actions by The Court of Appeals for the Sev-enth Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are …
Article • September 15, 2001 • from PLN September, 2001
Possibility of Life in Control Unit Doesn't Mitigate Death by Possibility of Life In Control Unit Doesn't Mitigate Death The Court of Appeals for the Seventh Circuit has held that the possibility of life imprisonment in a control unit is not a mitigating factor in a federal death penalty case. …
Article • September 15, 2001 • from PLN September, 2001
Ninth Circuit Reverses Time-Barred Habeas Petition by The Ninth Circuit Court of Appeals, sitting en banc , reversed a district court's dismissal of a federal habeas petition as time barred, and remanded the case to the district court to develop the record regarding whether the prisoner was entitled to a …
Article • September 15, 2001 • from PLN September, 2001
'Invisible' Prisoner Gets $36,200 for Wrongful Imprisonment by A Mississippi man who was improperly jailed for nearly 10 months because of a "bureaucratic snafu" was awarded just $36,200 by a federal jury in Jackson, Mississippi in October 2000. Joseph Jones, a Jackson mechanic, was stopped by a state patrol officer …
Article • August 15, 2001 • from PLN August, 2001
Unjust Rape Conviction Nets New York Man $530,000 by In May, 2000, the New York Court Claims in White Plains awarded Victor Ortiz, 41, $530,658 in damages after he spent 12 years in prison for a rape he did not commit. In January 1984, Ortiz, then 25, was convicted of …
Article • August 15, 2001 • from PLN August, 2001
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Apprendi by Kent Russell by Atty. Kent Russell [This column is intended to provide "Habeas Hints" for prisoners who are 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 …
Article • August 15, 2001 • from PLN August, 2001
Arizona Supreme Court Rules on 1993 Earned Release Statute by Arizona Supreme Court Rules On 1993 Earned Release Statute The Arizona Supreme Court has held that 1993 amendments to statutes governing earned release credits for Arizona prisoners do not apply to persons convicted of felonies committed prior to the amendment's …
Article • August 15, 2001 • from PLN August, 2001
Pre-Sentence Detention Earns Good Time Credits in Montana Prison by The Montana Supreme Court granted habeas corpus relief to William MacPheat, a Montana state prisoner, who sought goodtime credits for presentence jail time and an earlier release from prison based upon award of those credits. In 1995, MacPheat was charged …
Article • August 15, 2001 • from PLN August, 2001
Washington ISRB May Rescind Parole after Final Discharge by Washington ISRB May Rescind Parole After Final Discharge In a closely divided opinion, a 5 Justice majority of the Washington Supreme Court held that the Indeterminate Sentence Review Board (ISRB) has jurisdiction and statutory authority to rescind an order of final …
Article • July 15, 2001 • from PLN July, 2001
Georgia Parole Law May Violate Ex Post Facto by The Court of Appeals for the 11th Circuit held that a Georgia law changing the frequency between parole hearings may violate the ex post facto clause. Georgia prisoner Paul Harris claimed the retroactive application of Ga. Comp. R & Reg. r. …
Oklahoma Good Time Rule Violates Ex Post Facto by The Tenth Circuit Court of Appeals held that an amended Oklahoma Department of Corrections (ODOC) regulation that rescinded earned good time credits violates the Ex Post Facto Clause. Prisoner Steve A. Smith filed a petition for writ of habeas corpus challenging …
New York City Settles Black Panther Frame Up Suit for $890,000 by Roger Smith On December 5, 2000, New York City officials agreed to settle Dhoruba alMujahid bin Wahad's wrongful imprisonment suit for $490,000 in damages, costs, and attorney fees. Wahad, a former Black Panther leader, was convicted of attempted …
Article • July 15, 2001 • from PLN July, 2001
Kansas Conditional Release Is Mandatory by Kansas Conditional Release is Mandatory The Kansas state court of appeals held that the parole hoard could not rescind parole revocation and convert it to a conditional release revocation. The court also held that the retroactive application of a rule governing withholding of good …
Strikes Sweep Bolivian Prisons as Promise of Freedom Fades by Julia Lutsky In celebration of Jubilee 2000, Roman Catholic Pope John Paul asked the nations of the world to pardon crimes and free prisoners where possible. Bolivia responded with Law 2098 "to celebrate the coming of the third millennium by …
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