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Article • October 15, 1995 • from PLN October, 1995
U.S. Supreme Court: Time on Bail Doesn't Count by The US supreme court has held that the time a defendant spends "released" on bail doesn't count towards completion of his/her sentence even if the "release" is under highly restrictive conditions that are tantamount to jail. Ziya Koray was charged with …
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Article • September 15, 1995 • from PLN September, 1995
IL Change in Good Time Statute Unlawful by On December 22, 1994, the Illinois state supreme court held that an Illinois statute eliminating certain categories of prisoners from those eligible to early good conduct credit at an accelerated rate violates the state and federal constitutions when applied retroactively. The primary …
Article • September 15, 1995 • from PLN September, 1995
Civil Forfeiture and Criminal Prosecution as Double Jeopardy by Jeffrey Steinborn They did it. That's right- your Government did it. Having been warned by their lawyers of the constitutional defects (and inherent unfairness) in their policy of impoverishing a drug defendant through civil forfeiture, then prosecuting him or her with …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
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 …
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