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Mitigation Instruction and Excluding Indemnification Evidence Reversible Error by The court of appeals for the Seventh circuit held that a district court erred when it did not allow a jail detainee plaintiff to introduce evidence of a state indemnification statute after the defendants told a jury that a damages verdict …
Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …
Article • June 15, 1999 • from PLN June, 1999
Pardon Satisfies Heck by The court of appeals for the Eighth circuit held that a governor's pardon invalidates a criminal conviction in order to permit a 42 U.S.C. 1983 claim for damages to proceed. Johnny Wilson, a mentally retarded Missourian, pleaded guilty to a murder he did not commit in …
Article • June 15, 1999 • from PLN June, 1999
Weapon Possession in Federal Prison Always Considered a "Violent Offense" by The court of appeals for the Seventh circuit held that possession of any weapons in prison constitute a "violent offense" for federal sentencing guidelines purposes. Grant Vahovick, a federal prisoner, stabbed prisoner Jeremy Darin in the head and neck …
Article • June 15, 1999 • from PLN June, 1999
Felon Possession of Firearm Nonviolent Offense by The court of appeals for the Sixth Circuit held that possesion of a firearm by a previously convicted felon is a "nonviolent offense," and federal prisoners who are otherwise eligible for one-year sentence reductions under the "Comprehensive Drug Abuse Treatment Program" (Program) are …
Article • May 15, 1999 • from PLN May, 1999
California Habeas Handbook: A Practical Guide to Habeas Law for California Prisoners (Review) by This 37 page booklet by attorney Kent Russell is designed for pro se California prisoners to understand the time limits and filing requirements of the federal Anti-Terrorism and Effective Death Penalty Act (AFDPA). Russell uses easy …
Article • May 15, 1999 • from PLN May, 1999
New York Paroles for Sale by Julia Lutsky In January 1997 the parents of a young Korean prisoner walked into the Brooklyn offices of federal prosecutor Zachary Carter to report that a volunteer fund raiser for Republican Governor Pataki said he would use his influence to win parole for their …
Article • April 15, 1999 • from PLN April, 1999
BOP Violent Offender Notification Policy Overinclusive by The court of appeals for the Third Circuit held that a conviction for simple possession of a weapon by a convicted felon is not a "crime of violence" within the scope of 18 U.S.C. section 4042(b), a law which requires federal prison officials …
Twenty-Four Hour Notice of Disciplinary Charges Required by Afederal district court in Indiana held that a prisoner's right to due process was violated when he was not provided with 24 hour notice of the disciplinary charges against him. Darnell Evans, an Indiana state prisoner, was infracted on charges of "giving …
De Facto Ban on Live Testimony Unconstitutional by The court of appeals for the Seventh Circuit held that the Stateville (Illinois) Correctional Center policy of denying virtually all live witness testimony at prison disciplinary hearings, which could result in revocation of good-time credits, violates due process. However, the court vacated …
Article • April 15, 1999 • from PLN April, 1999
Oregon "Predatory Sex Offender" Label Requires Notice and Hearing by Oregon "Predatory Sex Offender" Label Requires Notice and Hearing The Oregon Supreme Court ruled that due process requires that Oregon sex offenders receive notice and an evidentiary hearing before the Board of Parole and Post-Prison Supervision (Board) may designate them …
Illegal Detention Violates Substantive Due Process by The court of appeals for the Seventh Circuit held that the detention of an individual for 57 days in a county jail on a civil contempt warrant "shocks the conscience" and violates substantive due process. The court further held that this right was …
Article • April 15, 1999 • from PLN April, 1999
South Carolina Parole Elimination Violates Ex Post Facto by The South Carolina supreme court held that the retroactive statutory elimination of parole eligibility for violent offenders violates the ex post facto clause provisions of the United States and South Carolina constitutions. Ronnie Phillips, a South Carolina state prisoner, pled guilty …
Article • April 15, 1999 • from PLN April, 1999
U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence by The court of appeals for the Second circuit held that district courts do not have the authority to order the Federal Bureau of Prisons (BOP) to either grant or deny credit or to disregard the BOP's …
Article • April 15, 1999 • from PLN April, 1999
Filed under: Sentencing, Good Time
Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection by The Fifth Circuit court of appeals held that a sheriff violated the Equal Protection Clause of the Fourteenth Amendment when he promulgated a policy of granting good time to county prisoners sentenced by a judge and denying …
Article • April 15, 1999 • from PLN April, 1999
Released Sex Offender Not "In Custody" for Habeas by Released Sex Offender Not "In Custody" for Habeas In a case of first impression, the Ninth Circuit ruled that a sex offender who has completed his sentence, but who must register under a so-called "Megan's Law," is not "in custody" for …
Article • April 15, 1999 • from PLN April, 1999
Timothy "Little Rock" Reed Released on Parole by Timothy "Little Rock" Reed Released on Parole On December 17, 1998, Timothy "Little Rock" Reed was reinstated to his Ohio parole following a five year extradition battle. Reed, a former prison activist, fled Ohio In 1993 when he was accused of violating …
Article • April 15, 1999 • from PLN April, 1999
Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983 by Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983 In two separate rulings the court of appeals for the District of Columbia circuit held that changes to parole eligibility schemes …
Kansas Good Time Rules Violate Ex Post Facto by The Kansas supreme court held that application of new prison rules that allow for the forfeiture of good time credits to prisoners convicted before the rule's implementation violates the ex post facto clause of the U.S. constitution. In a second cae, …
Article • March 15, 1999 • from PLN March, 1999
Retroactive Kansas Good Time Recalculation Unlawful by In an unpublished opinion, the Court of Appeals for the State of Kansas held that the changes in the Kansas prison system's regulations interpreting the application of good time credits toward a prisoner's conditional release date could not be applied retroactively to offenses …
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