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Disciplinary Finding Must Be Supported by Reliable Evidence by The court of appeals for the seventh circuit held that while only "some evidence" is required to uphold a finding of guilt in a prison disciplinary hearing, that evidence must be reliable. Michael Meeks is an Indiana state prisoner who was …
Article • May 15, 1997 • from PLN May, 1997
Ninth Circuit Affirms BOP Sentence Reductions by The court of appeals for the ninth circuit affirmed a district court granting of habeas relief to a federal prisoner who had been denied a one year sentence reduction after completing a drug treatment program. This also implicates two other district court cases …
California EFV Injunction Reversed by In the September, 1995, issue of PLN we reported that a Marin county superior court judge had issued a preliminary injunction enjoining Title 15, section 3174(e)(1) of the California Code of Regulations (CCR). The regulation in question eliminated family visits for a wide category of …
Article • April 15, 1997 • from PLN April, 1997
US Supreme Court: Florida Gain Time Statute Violates Ex Post Facto by Paul Wright On February 19, 1997, a unanimous United States Supreme Court held that the revocation of previously granted good time credits violates the ex post facto provision of the United States constitution. The Court held that subjective …
Article • March 15, 1997 • from PLN March, 1997
Third Circuit: PLRA Doesn't Apply to Mandamus by The court of appeals for the third circuit held that the filing fee provisions of the Prison Litigation Reform Act (PLRA) do not apply to writs of mandamus. Ronald Madden, a Tennessee state prisoner, filed a habeas corpus petition challenging his extradition …
Article • March 15, 1997 • from PLN March, 1997
5th Circuit: PLRA Doesn't Apply to Habeas by Joining the second, third and seventh circuits the court of appeals for the fifth circuit held that the filing fee provisions of the PLRA do not apply to habeas corpus actions. Ralph Cole, a federal prisoner, sought permission to appeal the denial …
Article • February 15, 1997 • from PLN February, 1997
Filed under: Reviews, Sentencing, Probation
Corrections in the Community (book) by by Edward Latessa and Harry Allen is a 473 page college textbook giving an overview of criminal sanctions other than prison, such as probation, home detention, community services, etc. The authors' underlying theme is that prisons generally do more harm than good and efforts …
County Liable for Trustee's Work; No Remedy for Illegal Detention by The court of appeals for the fifth circuit held that a county was properly liable where it did not reimburse a jail detainee for work he performed on public property. The court also held that a pretrial detainee's work …
Article • February 15, 1997 • from PLN February, 1997
Inadequate Public Defender Funding Unconstitutional by A federal district court in Illinois held that a lack of adequate funding for public defenders assigned to represent indigent defendants in state court appeals violates the federal constitution when it causes delays in excess of two years. Over the past ten years the …
Article • February 15, 1997 • from PLN January, 1997
Habeas Corpus Study by Review by Jon Marc Taylor A recent discussion paper published by the Bureau of Justice Statistics reports the results of the National Center for State Courts analysis into the processing of federal habeas corpus petitions. The study encompassed 18 Federal district courts located in 9 selected …
Article • February 15, 1997 • from PLN January, 1997
Virginia Hawks Parolees' Names by Beginning in July 1996, the Virginia Department of Corrections (DOC) began publishing what has so far proven to be a hot seller: lists of parolees' names, address, offenses, sex and race. The parolee lists costs $5 per zip code. Bargain hunters, however, can purchase a …
Private Prison Liable for Wrongful Imprisonment by A federal district court in Florida held that a private corporation which ran a county jail under contract was liable for a detainee's wrongful imprisonment. Thomas Blumel was arrested without a warrant after being accused of violating a restraining order. Blumel was then …
Article • February 15, 1997 • from PLN February, 1997
Third Circuit Rules that PLRA Doesn't Apply to Habeas by The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Applies PLRA to Federal Prisoners by In five consolidated appeals the court of appeals for the seventh circuit applied the Prison Litigation Reform Act (PLRA) to actions brought by federal prisoners. The court held that this ruling, together with Martin v. United States, 96 F.3d 853 (7th Cir. …
Informant Testimony Must Be Reliable by A federal district court in Texas granted habeas relief to two Texas prisoners who had lost good time at a disciplinary hearing based on unconfirmed informant testimony. Morris Broussard and Gary Johnson filed a 42 U.S.C. § 1983 action contesting the loss of good …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Defines and Applies PLRA and AEDPA by In five consolidated appeals the seventh circuit held that for purposes of the Prison Litigation Reform Act (PLRA) neither habeas corpus petitions nor petitions for mandamus in criminal proceedings constitute "prisoner litigation" and thus do not require payment of filing fees …
Article • February 15, 1997 • from PLN February, 1997
Costs of Crime by JW Mason by J.W. Mason Suppose you could calculate the dollar value of the costs of crime -- lost property, medical bills, missed work, pain and suffering -- and figure out its total yearly cost to society? While "putting a dollar value on the suffering resulting …
New York Sex Offender Registration Enjoined by A federal district court in New York held that a state law allowing public notification of sex offenders released from prison violates the ex post facto rights of those offenders convicted before the law was passed. Since 1990 at least 46 states, starting …
Article • December 15, 1996 • from PLN December, 1996
Three Strikes in California by Willie Wisely By all accounts, the three strikes sentencing law in California is a failure according to criminal justice experts. They point out that three strikes is applied more often than not to people of color, that it hasn't reduced crime, that it's overwhelming the …
Article • December 15, 1996 • from PLN December, 1996
Habeas Required for Disciplinary Hearing Challenges by The court of appeals for the eighth circuit held that prisoners challenging the results of prison disciplinary hearings that result in the loss of good time cannot challenge the hearing result via 42 U.S.C. § 1983, but instead they must present their claim …
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