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Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense …
Article • May 15, 2011
Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that the denial of a second degree murderer’s parole by the California parole board (BPT), based upon factors relating solely to the commitment offense, was justified when …
Article • May 15, 2011
Washington DOC Agrees to Settle Sex Offender Early Release Suit for $6,000 by On June 17, 2006, the Washington Department of Corrections (DOC) agreed to settle a 42 U.S.C. §1983 suit over the DOC’s Earned Early Release Date (EERD) program. Dan Bedker, Jr., a sex offender, sued Joseph Lehman, the …
Third Circuit Upholds BOP Early Rule against APA Challenge by On October 26, 2009, the U.S. Court of Appeals for the Third Circuit joined the Eighth Circuit in holding that the Bureau of Prisons (BOP) did not violate the Administrative Procedure Act (APA) in categorically excluding certain offenders from early …
Publication • May 1, 2011
Filed under: Parole
Police Executive Research Forum - The Early Release of Prisoners - California The early release of Prisoners And its Impact on Police Agencies and Communities in California Police Executive Research Forum — May 2011 A Joint Project of: The early release of Prisoners And its Impact on Police Agencies and …
Article • April 15, 2011
Filed under: Sentencing, Parole
Ninth Circuit: California Governor’s Reversal Of Lifer’s Parole Violates Due Process Absent Some Evidence Of Current Dangerousness by John Dannenberg by John E. Dannenberg In a major victory for California lifers, the Ninth Circuit U.S. Court of Appeals held that a second-degree murderer who had done 27 years on a …
Article • April 15, 2011
Filed under: Sentencing, Parole
California Parole Board Ordered to Set Lifer's Term by John Dannenberg By John E. Dannenberg The California Court of Appeal ordered the California Board of Parole Hearings (BPH) to conduct a new parole hearing for a second-degree murderer within 30 days, wherein they were required to set his parole date. …
Article • April 15, 2011
Ohio Parole Challenge Not Barred by Res Judicata by by Mark Wilson The Ohio Court of Appeals reversed a lower court’s dismissal of a prisoner’s parole challenge, holding that res judicata did not bar the action. In 1977, Michael Swihart was convicted of aggravated murder, murder and arson related to …
Article • April 15, 2011
Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision by Matthew Clarke Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision By Matt Clarke On December 12, 2008, the Fifth Circuit court of appeals held that the "some evidence" standard of Superintendent v. Hill, 472 U.S. …
Article • April 15, 2011
Filed under: Sentencing, Parole, Probation
Time Spent In Alaska Residential Treatment Not Credited Against Suspended Sentences by In a memorandum decision, the Alaska Court of Appeals held that time spent in a residential treatment program may not be credited against a suspended sentence later served. This time is not time served “pending trial, sentencing, or …
Article • April 15, 2011 • from PLN April, 2011
Texas State Auditor’s Reports Find Problems with Parole System by Gary Hunter Two audits of Texas’ parole system, in 2008 and 2010, revealed a number of problems and inefficiencies. According to the first audit, released in June 2008, approximately 1,250 Texas parole officers supervised 77,526 parolees during fiscal year 2007. …
Article • April 15, 2011 • from PLN April, 2011
Oregon Parole Board Improperly Excluded Witnesses at Revocation Hearing by The Oregon Supreme Court, sitting en banc, held that the Oregon Board of Parole (Board) had improperly deprived a parolee of his right to call witnesses at a revocation hearing. Parolee Thomas Edward O’Hara was arrested on March 9, 2005 …
Article • March 15, 2011 • from PLN March, 2011
Sixth Circuit Holds Pre-1992 Michigan Lifers Not Entitled to Ex Post Facto Relief by In what may prove to be a major blow to parole-eligible life-sentenced prisoners in Michigan, the Sixth Circuit has rejected an as-applied ex post facto challenge to the retroactive application of changes in Michigan’s parole laws. …
Article • March 15, 2011 • from PLN March, 2011
U.S. Supreme Court: No Federal Habeas Relief for California Lifer Parole Denials by John Dannenberg by John E. Dannenberg In a unanimous per curiam opinion, the U.S. Supreme Court (USSC) summarily reversed rulings by the Ninth Circuit Court of Appeals in two California parole cases in which the Ninth Circuit …
Brief • March 11, 2011
Cate v. Pirtle, US, Reply to Briefs in Opposition, Parole Conditions, 2011 03/15/2011 09:18 5099490119 GROSSMAN LAW OFFICES PAGE 01/00 No. 10-868 Jit the i_tpreine Timid nit the thittril tubas MATTHEW CATE, ET AL, Petitioners, V, JOHN PIRTLE, ET AL., Respondents. CERTIFICATE OF SERVICE BY MAIL 1, Jennifer A. Neill, …
Article • February 15, 2011 • from PLN February, 2011
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violated Due Process by The Fifth Circuit court of appeals held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), …
Article • February 15, 2011 • from PLN February, 2011
Texas Pays for Geriatric Prisoners, Rarely Grants Medical Parole by Matthew Clarke by Matt Clarke In the Texas Department of Criminal Justice (TDCJ), geriatric prisoners – those over 55 years old – comprise only 7.3% of TDCJ’s population. However, they account for almost one-third of the prison system’s medical expenses. …
Article • January 15, 2011 • from PLN January, 2011
California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned by Michael Brodheim The process by which California’s Board of Parole Hearings (BPH) administers psychological evaluations to parole-eligible prisoners serving life sentences has been questioned by the state Senate and also was the subject of a recent ruling by …
Article • January 15, 2011 • from PLN January, 2011
Speedy Sentencing Procedure Applies to Probation Revocations, California Supreme Court Holds by California prisoners facing revocation of probation must be sentenced within 90 days after making a request under Penal Code 1381 or the probation revocation proceeding must be dismissed, the Supreme Court of California decided March 9, 2009. David …
Article • January 15, 2011 • from PLN January, 2011
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely by The killing of a 17-year-old girl by a sex offender whose parole records had been destroyed resulted in a minor political frenzy in California. The Associated Press requested the parole records of John Albert Gardner III, who was charged …
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