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Article • January 15, 2011 • from PLN January, 2011
Washington Supreme Court Holds No Liberty Interest in Sex Offender Release to Community Custody by The Washington Department of Corrections (DOC) may lawfully deny sexually violent predators early release to the community, the Supreme Court of Washington decided August 20, 2009. In so holding, the court concluded that RCW 9.94A.728(2) …
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been …
Article • November 15, 2010 • from PLN November, 2010
Filed under: Sentencing, Parole
California Supreme Court Restricts Remedies in Remands for New Parole Board Hearings by John Dannenberg by John E. Dannenberg In a unanimous ruling on July 29, 2010, the California Supreme Court resolved a narrow question regarding lifer parole litigation; namely, what is the proper scope of the remedy ordered by …
Fifth Circuit Delineates Process Due Before Imposition of Sex Offender Parole Conditions by Matthew Clarke by Matt Clarke On May 20, 2010, the Fifth Circuit Court of Appeals held that Texas parolees who had never been convicted of a sex offense, but were subject to onerous sex offender parole conditions …
Brief • October 25, 2010
Burnette v. Fahey, VA, Opinion, Class Action Parole Denial Eligibility, 2010 Case 3: 10-cv-00070-REP Document 20 Filed 10/25/1 0 Page_.~ .9f 28 n II ~ IN THE UNITED ST~ES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmon~ Division OCT 25 Plaintiffs, Civil Action No. 3:10CV70 HELEN F. FAHEY, et …
Article • October 15, 2010 • from PLN October, 2010
Expanded Eligibility for New York Medical Parole Has Little Effect by Matthew Clarke by Matt Clarke In April 2009, New York passed a statutory amendment that expanded the state’s compassionate release program for terminally ill prisoners. The amendment permitted medical parole for prisoners convicted of certain violent crimes who were …
Article • August 15, 2010 • from PLN August, 2010
Kentucky Law Retroactively Applied to Award Street Credit by The Kentucky Supreme Court has held that a law that applies “street credit” to released prisoners effectively suspends existing statutory law that specifies time spent on parole does not count towards a prisoner’s maximum sentence. The Court accepted transfer of appeals …
ACLU Report Applauds Michigan’s Efforts to Reduce Prison Population by David Reutter by David M. Reutter A November 2009 report by Elizabeth Alexander, Director of the National Prison Project of the ACLU, explores the history and effects of over-incarceration in Michigan and how the state has managed to reduce its …
Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole by John Dannenberg by John E. Dannenberg In a major loss for California lifers, the Ninth Circuit U.S. Court of Appeals, in an en banc ruling, held that a second-degree murderer who had served 27 years on a …
Article • June 15, 2010 • from PLN June, 2010
No Liberty Interest Under Utah Parole Scheme by The Tenth Circuit Court of Appeals held that a Utah prisoner had failed to state cognizable due process and equal protection challenges to Utah’s parole scheme. In 1993, Robert Straley was convicted of sex crimes against a child and sentenced to two …
Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson The Ninth Circuit Court of Appeals has held that prosecutors are absolutely immune for making parole recom-mendations. Liza Brown shot her husband to death and entered into an oral plea agreement. “During the plea colloquy, the prosecutor stated that, …
Political Uproar Follows NC Court Ruling that Life Sentence is 80 Years by David Reutter by David M. Reutter A political brouhaha arose in October 2009 in the wake of a North Carolina appellate court decision which held that a “life sentence is as an 80-year sentence for all purposes.” …
Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Article • April 15, 2010 • from PLN April, 2010
Parole Denials Based Upon Assumptions; Tough Policies Threaten Public Safety at Great Cost by David Reutter by David M. Reutter “Inaccurate assumptions about the impact of longer prison stays on reoffense rates generally, and about the future behavior of people who committed assaultive and sex offenses in particular, have led …
NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain by Mark Wilson New York prison officials lack the authority to require prisoners to serve Post-Release Supervision (PRS) that was not ordered by the sentencing court, according to the Second Circuit Court of Appeals and the Appellate …
Article • April 15, 2010 • from PLN April, 2010
California: Demand for Speedy Trial Applies to Probation Violation Detainers by John Dannenberg by John E. Dannenberg In two rulings in the same case, the California Court of Appeal distinguished the speedy trial rights versus the waiver-of-appearance rights of state prisoners who are facing detainers for probation violations. Although California …
Brief • March 30, 2010
Burnette v. Fahey, VA, Plf Opp Def Motion, Class Action Parole Denial Eligibility, 2010 Case 3:10-cv-00070-REP Document 10 Filed 03/30/10 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION SHARON BURNETTE, et aI., Plaintiffs, v. HELEN F. FAHEY, in her capacity …
Brief • March 30, 2010
Burnette v. Fahey, VA, Plf Memo, parole denial based on original offense, 2010 Case 3: 10-cv-00070-REP Document 10 Filed 03/30/10 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION SHARON BURNETTE, et aI., Plaintiffs, v. HELEN F. FAHEY, in her capacity …
Article • March 15, 2010 • from PLN March, 2010
California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population by John Dannenberg by John E. Dannenberg In what appears to be the first attempt to comply with federal court orders to reduce California’s prison population, the State Legislature enacted Senate Bill 18, which, effective January 25, 2010, places …
Brief • March 3, 2010
Burnette v. Fahey, VA, Complaint, Class Action Parole Denial Eligibility, 2010 ~ IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION SHARON BURNETTE, PAMELA K. BURROUGHS, FRANK CARTER, JR., EDWARD CONQUEST, DONALDW. HOFFMAN, MONTY KING, LARRY MACON, MARVIN MCCLAIN, BENJAMIN PERDUE, JR., HENRY STUMP and …
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