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Article • March 15, 2001 • from PLN March, 2001
Oregon Compelled Parole Statute Not Retroactive by The Oregon Supreme Court affirmed a lower court decision, which held that the retroactive application of a 1985 "compelled parole" statute violated the constitutional prohibition against ex post facto laws. In 1985 the Oregon legislature enacted ORS 144.245(3) that mandates: "In no case …
Article • March 15, 2001 • from PLN March, 2001
Second Circuit Holds That Gang Member Designation Regulation is Not Ex Post Facto by The Second circuit court of appeals held that a Connecticut DOC administrative directive making prisoners classified as safety threats ineligible to earn good time credits was not ex post facto and that a Connecticut statute did …
Conditions Claims Viable in WA PRP by A Washington state appeals court held that conditions of confinement claims are cognizable under the state's Personal Restraint Petition (PRP) system. In doing so, the court upheld a ban on a sex offender's correspondence with his 11-year-old niece. Robert Arseneau was convicted of …
Article • February 15, 2001 • from PLN February, 2001
$49,999 Settlement in CA Sex Extortion Suit by On February 1, 2000, San Bernadino County, California settled a lawsuit with Jeffrey Darr for $49,999. Darr filed suit claiming that county sheriff deputy James Wiebeld (now promoted to detective) had framed him on methamphetamine manufacturing charges, for which he spent three …
Article • February 15, 2001 • from PLN February, 2001
$5,500 Awarded in NY Unlawful Imprisonment Suit by On May 4, 2000, the New York court of Claims awarded Allen Israel $5,600 in damages after New York parole officials wrongfully violated his parole. Israel had a maximum parole expiration date of April 12, 1996. His parole was later revoked due …
Article • February 15, 2001 • from PLN February, 2001
OH S.Ct. Strikes Down Bad Time Law by The Ohio Supreme Court found a state statute, RC 2967.11, which allowed prison officials and the Ohio Parole Board to try: convict, and add time to Ohio prisoners' sentences for criminal infractions occurring during the prisoners' stated prison terms, violated the constitutional …
DC District Court Denies Guards' Summary Judgment Retaliation Case by A federal district court in the District of Columbia has denied prison guards' motion for summary judgment and set for trial a civil rights suit alleging that guards retaliated against prisoners who complained of a guard's repeated unsolicited sexual propositions. …
Article • January 15, 2001 • from PLN January, 2001
NY Prisoners Have Liberty Interest in Work Release by Ronald Young NY Prisoners Have Liberty Interest In Work Release by Ronald Young A federal district court for the Eastern District of New York held that the failure of the state to provide a prisoner with 24 hour's notice of a …
Article • January 15, 2001 • from PLN January, 2001
Filed under: Sentencing, Parole
Morrissey Protections Required for WA Community Custody Revocation by In a case of first impression, the Washington state court of appeals held that an individual facing community custody revocation is entitled to the procedural protections established in Morrissey v. Brewer, 408, U.S. 471, 92 S.Ct. 2593 (1972), but that counsel …
Article • January 15, 2001 • from PLN January, 2001
Filed under: Sentencing, Habeas Corpus
Habeas Hints: State Remedies by Kent A. Russell 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 …
Louisiana Prison System Exceeds Administrative Statutory Authority by The Court of Appeals of Louisiana for the First Circuit has held the Department of Public Safety and Corrections (DPSC) exceeded its statutory authority when it referred prisoners to a "Special Court" for the additional forfeiture of good time when they had …
Fired Washington Parole Officer Wins $250,000 Settlement by Washington state parole officer Barbara A. Nelson was fired in 1998 after the state was hit for more than $6.4 million to pay off lawsuits alleging negligence for her failure to property supervise parolees. Three men whose cases Nelson handled killed three …
Article • December 15, 2000 • from PLN December, 2000
Filed under: Sentencing, Parole
CA Court Overrules Parole Denial by John E Dannenberg By John E. Dannenberg The CA Court of Appeals affirmed the Los Angeles superior court's ruling that there was "no evidence" to support the Board of Prison Terms' (BPT) parole unsuitability finding for a 2nd degree murderer and ordered the BPT …
Actual Innocence--Five Days to Execution and other Dispatches From the Wrongly Convicted by Roger Hummel By Barry Scheck, Peter Nuefeld, and Jim Dwyer Review by Roger Hummel Since 1963, at least 381 murder convictions across the nation have been reversed because of police or prosecutorial misconduct yet not one of …
Article • November 15, 2000 • from PLN November, 2000
Reconsidering Restorative Justice: The Corruption of Benevolence Revisited? by A A Condensed by David Rhys Adapted from an article by Sharon Levrant, Francis T. Cullen, Betsy Fulton and John F. Wozniak which appeared in the journal Crime & Delinquency, Vol. 45 No. 1, January 1999. Three decades have passed since …
Article • November 15, 2000 • from PLN November, 2000
Filed under: Sentencing, Habeas Corpus
Post-Conviction Update by Reaves, Jr, Walter M Prepared by Walter M. Reaves, Jr. Habeas Corpus Addressing an issue which has not been consistently decided by the circuits, the Fifth Circuit in United States v. Thomas, 203 F.3d 350 (5th Cir. 2000), held that for purposes of limitations in a §2255 …
Retaliatory Denial of WA Parole Decision Vacated by The Washington state Supreme Court, sitting En Banc held that Washington's Indeterminate Sentencing Review Board (ISRB) improperly considered a history of filing litigation and grievances against prison officials, in finding that a prisoner was unfit for parole. During a 1997 parole consideration …
Article • November 15, 2000 • from PLN November, 2000
County Jail Time Returned to CO Lifers by The Colorado Supreme Court has held that prisoners sentenced to life imprisonment are entitled to presentence confinement (PSC) credits for the time they spent in the county jail before sentencing. Until 1977, life sentences in Colorado were a minimum of ten years …
Article • November 15, 2000 • from PLN November, 2000
Texas Prisons Heat Up As Parole Hopes Fade by Ronald Young By Ronal Young The summer continued to heat up in the Texas prison system even before the season officially began. On May 5, 2000, guards at the Stiles prison near Beaumont overpowered an armed male prisoner after he briefly …
Article • October 15, 2000 • from PLN October, 2000
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Statute of Limitations by Kent Russell 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 …
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