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Article • December 15, 1994 • from PLN December, 1994
Obtaining Prisoner Witnesses by This case involves an effort by state government defendants in a civil rights suit to obtain the presence of a witness to testify on their behalf. The case provides a useful discussion of writs of habeas corpus ad testificandum, whereby parties to civil or criminal actions …
Evidence Must Support Disciplinary Charge by Indiana is unique in that it does not provide any state court remedy for prisoners who lose good time in prison disciplinary hearings. As a result, Indiana state prisoners seeking the restoration of lost good time or expungement of infractions must file directly in …
Article • November 15, 1994 • from PLN November, 1994
Change in Parole Eligibility Actionable Under Section 1983 by Thomas Lewis is a Tennessee state prisoner convicted in 1984 and sentenced to 30 years in prison. At the time of his conviction prisoners became eligible for parole consideration after serving thirty percent of their sentence. In 1989 the Tennessee DOC …
Article • November 15, 1994 • from PLN November, 1994
U.S. S.Ct. to Hear Prison and Parole Cases by The 1994-95 term of the United States Supreme Court began on October 3, 1994. Among the cases scheduled for hearing by the Supreme Court are two cases previously reported in PLN which will have wide ranging effect. California Department of Corrections …
Article • November 15, 1994 • from PLN November, 1994
Idaho Cons Entitled to Pen and Paper by This is an Idaho criminal case which addresses prisoner's right of access to the courts in the habeas context, we address only that part of the case dealing with prison conditions. In 1989 James Free was convicted and sentenced to a term …
Article • November 15, 1994 • from PLN November, 1994
MI Parole Consent Decree Vacated by In 1977 Michigan state prisoners filed a class action suit challenging the procedures by which they were granted or denied parole. In 1981 the US district court in Michigan entered a consent decree settling a lawsuit between the Michigan state Parole Board and Michigan …
Article • October 15, 1994 • from PLN October, 1994
The Forgotten Crime Victim by Willie Wisely In the seemingly unending clamor for revenge against people in prison and those accused of committing a crime, a particularly vulnerable, unchampioned, group remain overlooked. Casualties of America's "War On Crime," a growing number of people have lost their lives to the unchecked …
Prisoners Have Right to Prompt Sentence Computation by David Plumb is an Oregon state prisoner. He filed suit under § 1983 claiming that his right to due process under the fourteenth amendment and his right to be free from cruel and unusual punishment under the eighth amendment were violated by …
Article • September 15, 1994 • from PLN September, 1994
Filed under: Sentencing, Parole
PA Prisoners Enjoy Right to Parole Consideration by William Marshall By William L. Marshall In an opinion entered February 28, 1994, the Pennsylvania Commonwealth Court held that under Section 11 of the PA Parole Act (61 P.S. § 331.22), while the PA Board of Probation and Parole ("the Board"), in …
Article • September 15, 1994 • from PLN September, 1994
Further Developments in WA Powell Case by John Midgley This is a further update on developments in the Powell litigation. The Attorney General's office recently filed in the Ninth Circuit a document in which they claimed that the Indeterminate Sentence Review Board will treat superintendents' recommendations for parole under RCW …
Article • September 15, 1994 • from PLN September, 1994
S.Ct. Distinguishes Habeas and Section 1983 by The two most common suits filed by state prisoners in federal courts are 28 U.S.C. § 2254 habeas corpus petitions which challenge the length or legality of confinement and 42 U.S.C. § 1983 suits which seek money damages for civil rights violations. There …
Article • August 15, 1994 • from PLN August, 1994
Recidivism Revisited by Michigan's corrections department recently released a five-year study of its paroled prisoners that reached the same conclusion as a similar six-year Louisiana study released last year: 55.2% of Michigan's 1986 parolees never returned to prison (nor did 56% of Louisiana's 1987 released prisoners). 5-year follow-up study on …
Article • August 15, 1994 • from PLN August, 1994
Crimes Against Habeas Corpus by Susan Blaustein By Susan Blaustein With its myriad new death penalty offenses, "three-strikes" provisions, mandatory minimums and moneys for prisons and police, Congress left only one thing out of its much-vaunted new crime package: any protection for Americans' most basic constitutional rights. In their poll-driven …
Article • August 15, 1994 • from PLN August, 1994
WA Initiative to Increase Gun Penalties by Paul Wright By Paul Wright The Washington Citizens for Justice are the right-wingers headed by Dave LaCourse, of the Public Policy Institute in Bellevue, WA; John Carlson, of KVI radio and Seattle Times columnist and Ida Ballasiotes, Republican state representative for Mercer Island. …
Article • July 15, 1994 • from PLN July, 1994
Change in Parole Hearings Violates Ex Post Facto by PLN readers may recall that in the December, 1993, issue we reported on the conflict within the ninth circuit on whether changing the frequency of parole board hearings violates the Ex Post Facto provisions of the constitution. In Powell v. Ducharme, …
WA S.Ct. Upholds Sex Offender Registration by In 1990 the Washington state legislature passed RCW 9A.44.130(1) which requires that all persons who have been convicted of a sex offense and reside in Washington to register with the sheriff in the county in which they reside. Two sex offenders who had …
PLN Suit Filed Against ISRB by Paul Wright By Paul Wright Readers may recall that former PLN coeditor Ed Mead was released from prison in October, 1993, after serving nearly 18 years in prison. The day after he was released he was required to sign a standard conditions of release …
WA Prisoners Must Exhaust State Remedies by John Dewyer is a Washington state prisoner. He is serving a determinate, SRA sentence. At a prison disciplinary hearing he was found guilty of an unspecified offense and sanctioned by 15 days of segregation and 30 days loss of good time, the latter …
Article • June 15, 1994 • from PLN June, 1994
No Miranda Rights in Prison by PLN does not normally report on criminal cases, however, that line is sometimes blurry and we will report on cases which will affect or interest our readers. Marco Garcia was a prisoner in the Hillsborough County Jail in Florida. He was observed by jail …
Article • June 15, 1994 • from PLN June, 1994
Three Strikes Racks 'em Up by Paul Wright Three Strikes Racks 'Em Up By Paul Wright In November of 1993 voters in Washington state passed Initiative 593 which mandates life without parole for defendants convicted of one of 42 qualifying felonies for the third time. PLN covered the initiative process …
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