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Article • August 15, 1995 • from PLN August, 1995
ID Rider Program Creates Liberty Interest by The ninth circuit has held that prisoners have a due process liberty interest in accurate and reliable rehabilitation reports. In 1972 Idaho created the ARider Program@ whereby convicted felons were sent to prison to be evaluated for potential release on probation, the sentencing …
Article • July 15, 1995 • from PLN July, 1995
Confinement Claim Barred by Res Judicata by The May, 1995, issue of PLN reported on Rooding v. Peters. 864 F. Supp. 732 (ND IL 1994) in which the court found unconstitutional an Illinois DOC policy which required prisoners to serve at least 60 days in an IDOC facility, even if …
AA Probation Requirement Illegal for Atheist by In the May, 1994, issue of PLN we reported Warner v. Orange County Dept. of Probation, 827 F. Supp. 261 (SD NY 1993) which refused to dismiss a probationers claim that being forced to attend Alcoholics Anonymous (AA) meetings as a condition of …
Article • July 15, 1995 • from PLN July, 1995
Violence Increases in Fed Prisons by BOP records show an increase of violence at the five older U.S. Penitentiaries at Atlanta, Leavenworth, Lewisburg, Lompoc and Terre Haute. Statistics from the two newer prisons at Florence and Allenwood are not yet available. BOP records show that prisoner assaults on guards increased …
Article • July 15, 1995 • from PLN July, 1995
Supreme Court Turns Back Parole Challenge by In the July, 1994, issue of PLN we reported Morales v. California DOC, 16 F.3d 1001 (9th Cir. 1994). The appeals court held that a California statute that was modified to allow for parole hearings every three years instead of every year violated …
Article • June 15, 1995 • from PLN June, 1995
New Habeas Book by Book Review Habeas Corpus Checklist is the 1995 book by Ira Robbins which gives an exhaustive overview of the law of federal habeas corpus petitions. The book is current through the Supreme Courts 1993-94 term. Useful for both attorneys and pro se litigants the book is …
Article • June 15, 1995 • from PLN June, 1995
Two Strikes and You're Out - of Prison Space by In past issues of PLN we have reported on Georgia's "two-strike" law. Before the November, 1994, elections both Governor Zell "Zig Zag" Miller and Corrections Commissioner Allen Ault assured the GA legislature and voters that the state had enough prison …
Article • June 15, 1995 • from PLN June, 1995
WA Powell Update by John Midgley This is to update you on recent developments in the Powell case on retroactive application of SHB 1457 to mandatory life term prisoners. As you know, earlier this year the Ninth Circuit refused to rehear the case. So, on April 10, 1995, we filed …
Article • June 15, 1995 • from PLN June, 1995
True Lies in Philly by Five current or former police officers from the 39th District of North Philadelphia were indicted by a federal grand jury this past February, accused of framing dozens of Philadelphians. The indictment accuses the officers of warrant less searches both inside and outside their district, during …
Article • May 15, 1995 • from PLN May, 1995
IL DOC Confinement Policy Illegal by The director of the Illinois DOC (IDOC) has promulgated a regulation under which all prisoners that it receives must be held for at least 60 days before they are released. Ronald Rooding was convicted and sentenced to one year in jail. After deducting good …
Article • May 15, 1995 • from PLN May, 1995
FL Ends Early Release by On December 9, 1994, Florida Governor Lawton Chiles announced that the state was ending its gain time program. The program was instituted in 1987 by then Governor Bob Martinez (R) to comply with a federal court order designed to limit Floridas extreme prison overcrowding. Under …
Article • May 15, 1995 • from PLN May, 1995
Correction on Clinton by I am writing about the article on page 11 of the October issue of PLN (Vol.5 No.10), "Bias in Military Death Penalty." While I agree with your prediction that Clinton will sign the death warrants [to execute military prisoners], your article stated, "As Governor of Arkansas, …
Article • April 15, 1995 • from PLN April, 1995
Federal Habeas Rarely Granted by The National Center for state Courts in Williamsburg, VA has released a study conducted by Victor Flange, concluding that post conviction challenges by prisoners in state or federal court are rarely successful. The report was originally commissioned in 1989 by the Conference of Chief Justices …
Article • April 15, 1995 • from PLN April, 1995
VA Parole and Good Time Laws Don't Create Liberty Interest by Orillion James is a Virginia state prisoner who filed suit seeking money damages and an injunction ordering prison officials to expunge his records of false educational information that hindered his ability to be paroled. The records in question claim …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
No Habeas for Jailhouse Lawyer Aid by In a rather novel ruling the third circuit has ruled that federal courts lack authority to issue writs of habeas corpus to ensure that an imprisoned pro se litigant has the assistance of a jailhouse lawyer at trial. Michael Jones is a New …
Article • March 15, 1995 • from PLN March, 1995
Filed under: Sentencing, Good Time
BOP Good Time Ploy Exposed by Over the years has repeatedly gotten inquiries from readers in the Federal Bureau of Prisons (BOP) inquiring about rumors that the amount of statutory good time they were eligible to earn under the new sentencing guidelines would be increased from 56 days a year …
Article • March 15, 1995 • from PLN March, 1995
No Liberty Interest in GA Parole Rules by In the April, 1994, issue of PLN we reported Sultenfuss v. Snow, 7 F.3d 1543 (l1th Cir 1993). Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole …
Article • March 15, 1995 • from PLN March, 1995
Filed under: Sentencing, Parole
TX Parole Board Can't Use Voided Priors by John Cook is a Texas state prisoner. In 1964 he was convicted of burglary. In 1982 he was convicted of indecency with a child and received a 20 year sentence which included a ten year enhancement for the 1964 conviction. In 1987 …
Article • February 15, 1995 • from PLN February, 1995
Former TX Parole Board Chairman Sentenced by Former Texas slate parole board chairman, James Granberry, pleaded guilty in April of 1994 to charges that he committed perjury during an investigation of independent "parole consultants." After Granberry resigned from the Board of Pardons and Parole in May 1991, he set himself …
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