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Article • October 15, 2000 • from PLN October, 2000
First Federal Execution Postponed by Bill Dunne By Bill Dunne Federal authorities announced on July 6, 2000, a plan to delay the execution of Juan Raul Garza, previously scheduled for August 5, 2000. Garza was convicted in 1993 in Brownsville, TX, of ordering three drug-related murders, for which he denies …
Crack in the Federal Scheme: The October Rebellion of 1995 by Bill Dunne By Bill Dunne Between October 19 and October 26, 1995, the U. S. Bureau of Prisons (federal prison system) experienced a series of largely spontaneous but causally related uprisings in its then 84 prison, 100,000 prisoner gulag …
Article • October 15, 2000 • from PLN October, 2000
New Jersey Parole Board Chief Resigns by The chairman of the New Jersey state Parole Board submitted his resignation July 28, 2000, as authorities neared the end of a two-year investigation into his alleged links with organized crime. A law enforcement source close to the investigation told The Record, the …
Former Political Prisoner Settles Suit for $4.5 Million by On April 26, 2000, the city of Los Angeles, California and the federal government agreed to pay former political prisoner Geronimo Ji Jaga (formerly known as Elmer Pratt) $4.5 million to settle a wrongful imprisonment suit he had filed. Ji Jaga …
Pro Se Tips and Tactics by John Midgley Supreme Court on Kind and Quality of Appellate Counsel by John Midgley In three recent decisions, the U.S. Supreme Court addressed the kind and quality of representation to which people are entitled on appeal of their criminal convictions. If your conviction is …
Washington Earned Early Release Credits Create Due Process Liberty Interests by Mark Cook The Washington State Court of Appeals, Division One, has held that: (1) a prisoner's right to community custody placement created limited due process liberty interests, but (2) delay did not violate prisoner's due process rights. Matthew S. …
U.S. Parole Commission Retaliation Reversed by Scott Fleming The Ninth Circuit U.S. Court of Appeals issued a ruling that safeguards the due process rights of prisoners whose release dates are committed to the discretion of parole agencies. In Bono v. Benov, 197 F.3d 409 (9th Cir. 1999), the court affirmed …
Article • September 15, 2000 • from PLN September, 2000
Bush's Conservative Compassion: Allowing a Life Sentence for Three Bounced Checks by by Matthew T. Clarke Texas Governor George Bush has based his presidential aspirations on the questionable concept of compassionate conservatism, but how compassionate is the Texas criminal justice system in dealing with its citizens under the Bush regime. …
Article • August 15, 2000 • from PLN August, 2000
Filed under: Sentencing, Good Time
WA Class B Felonies Entitled to 1/3 Good Time Credits by The Washington State Supreme Court has held: (1) a former statute placing cap on early release good time credits at 15% rather than 33% of total sentence for those "convicted of a serious violent offense or a sex offense …
Article • August 15, 2000 • from PLN August, 2000
CA 3 Strikers Entitled to Good Time by The Supreme Court of California held that: a defendant sentenced under the three strikes law (Pen.Code § 1170.12) is entitled to presentence conduct credits under Pen.Code § 4019. Otis Michael Thomas, a California prisoner, was found guilty of first degree residential burglary …
Article • August 15, 2000 • from PLN August, 2000
Right to Counsel Violated by Intrusive Guards by A federal district court ruled that a criminal defendant's right to counsel was violated by the refusal of guards to allow unmonitored communication between him and his attorney. On January 26, 1990 David Lakin and four other prisoners abducted two guards while …
Article • July 15, 2000 • from PLN July, 2000
Iowa Supreme Court Holds Liberty Interest in Good Time Law by The Iowa supreme court held that Iowa prisoners have a due process liberty interest in their good time credits, but do not have a private cause of action under Iowa tort law for their negligent loss. Federal courts previously …
Article • July 15, 2000 • from PLN July, 2000
Mailbox Rule Applies to Section 2254/2255 Motions by The Tenth Circuit Court of Appeals held that a prisoner's pleadings were filed at the time he mailed them, even though he used the prison's regular mail system instead of its legal mail system. While incarcerated at the Federal Correctional Institution in …
Article • July 15, 2000 • from PLN July, 2000
Habeas Hints: Williams Precedent 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 • June 15, 2000 • from PLN June, 2000
Pro Se Tips and Tactics by John Midgley Supreme Court Decides Georgia Parole Case by John Midgley In many states, there are parole boards that decide when prisoners will be released. In these states, the timing of when the parole board will consider parole the timing of "initial" parole consideration …
Article • June 15, 2000 • from PLN June, 2000
U.S. Supreme Court to Revisit Civil Commitment by On March 20, 2000, the U.S. Supreme Court granted Certiorari to the State of Washington appealing a ninth. Circuit order for the district court to hold an evidentiary hearing to determine if the state's civil commitment statute "as applied" to petitioner renders …
Article • June 15, 2000 • from PLN June, 2000
Colorado Prison Population Exploding by Bob Williams Last summer the Executive Director of the Colorado Department of Corrections, John Suthers, announced to the Colorado Legislature that Colorado's male prison population is growing at its fastest rate ever. In fact, at an average of 1.3% per month in the second quarter …
Article • June 15, 2000 • from PLN June, 2000
Filed under: Sentencing, Parole
U.S. Parole Commission Bound by Own Rules by The court of appeals for the Third circuit held that the U.S. Parole Commission (USPC) was bound by its own rules and erred in calculating a prisoner's parole eligibility date. Former CIA agent Edwin Wilson was convicted in 1982 of transporting firearms …
Article • May 15, 2000 • from PLN May, 2000
Testing Testing: Sweat Patch Under Scrutiny by Lara A. Bazelon Sheryl Woodhall a California woman in her late 30s, first lost custody of her four children in 1995, when her youngest tested positive for methamphetamine at birth. The state's Child Protective Services intervened and sent her two older children to …
2003 Washington Legislative Round-up by Lonnie Burton In its 2003 session the Washington leg-islature enacted numerous laws affecting prisoners. Highlights of the most relevant laws are as follows: Regional Jails Substitute House Bill 1609 instructs the Sentencing Guidelines Commission to present a plan by Dec. 31, 2003, for creating "pilot …
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