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BOP Agency for APA Purposes by Garvin White was a federal prisoner at Leavanworth who was accused of attempting to escape and was transferred to Marion. At Marion he was infracted for the attempted escape. The hearing officer did not render a verdict until 4 months after White's arrival at …
Article • January 15, 1993 • from PLN January, 1993
Wisconsin Parolees Have Liberty Interest in Avoiding Forced Medication by Jeffrey Felce is a Wisconsin parolee released on mandatory parole. While in prison Felce threatened prison and parole officials. They tried to commit him but were unable to do so because he was found to have mental problems but not …
State Judges Can Be Sued for Injunctive Relief in Federal Court by State Judges Can be Sued for Injunctive Relief in Federal Court Carrol Olson is a Kansas state probationer convicted of issuing a worthless check. Olson sought to appeal his conviction in the Kansas Court of Appeals. The state …
Parolees Have a Right to Bodily Privacy by Parolees Have A Right To Bodily Privacy Afemale parolee in California was ordered to provide a urine sample for drug testing by a male parole officer. While she was in a bathroom stall providing the sample, the male parole officer entered the …
Article • November 15, 1992 • from PLN November, 1992
Parole Officers Can Be Sued by Stephen Mee was a Colorado parolee whose parole was revoked by Jose Ortega, his parole officer, for alleged harassment. Ortega kept Mee in jail despite being told by the local prosecutor that because no violation of criminal law had occurred, Mee could not be …
Article • November 15, 1992 • from PLN November, 1992
Federal Prisoners Must Exhaust Habeas Before Filing Suit by Federal Prisoners must Exhaust Habeas Before Filing Suit Amilcar Marchetti is a federal prisoner who filed a Bivens civil rights suit against various state and federal law enforcement agencies and officials. He complained that his civil rights were violated by the …
Article • October 15, 1992 • from PLN October, 1992
Habeas Corpus Book by Clark Boardman has published Prisoner Collateral Attacks , a guide to bringing or defending against inmates lawsuits challenging their confinement. Topics include: prisoner challenges to state and federal convictions; the exhaustion of state remedies requirement; appealing a district court decision, procedural default; showing cause and prejudice; …
Brief • September 17, 1992
Filed under: Sexual Assault, Parole
Watters v. State of Washington, WA, Complaint, Parole Rape, 1992 . ( " . I .... : ;:~AL'S --,." ,.'\; 'v'. 1 .... . ~':!,~rIA ~ 2 3 SEP I 7 1992 I L .. •• ... __ IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR …
Article • September 15, 1992 • from PLN September, 1992
Taking of DNA Samples Violates Ex Post Facto Clause by Virginia state prisoners filed suit challenging Virginia legislation which directs the DOC to take and store blood from prisoners for Deoxyribonucleic acid (DNA) analysis and storage. (DNA is the basic component of living organisms, every human has a DNA blueprint …
Article • September 15, 1992 • from PLN September, 1992
Just Us - Ohio Style by John Perotti By John Perotti Three days before former Ohio Governor Dick Celeste left office he commuted the death sentences of Donald Maur, Leonard Jenkins, Willie Jester, Crazy Horse Seiber, Debra Brown, Rose Grant and Elizabeth Green to life in prison. Celeste also commuted …
Article • September 15, 1992 • from PLN September, 1992
Exhaustion of State Remedies Not Required to Challenge Parole Board Procedures by Exhaustion of State Remedies Not Required to Challenge Parole Board Procedures in Federal Court The U.S. Court of Appeals for the 7th Circuit has held that a prisoner who is dissatisfied with the procedures used to consider his …
Article • August 15, 1992 • from PLN August, 1992
Study Finds Sentencing Bias in Washington State by Anew study has found that Hispanics in Yakima County are more likely to receive long prison sentences than whites. The study was performed by political scientist David Hood and sociologist Ruey-Lin Lin, both of Eastern Montana College in Billings. It was based …
Federal Prisoner Must Exhaust BOP Remedies Before Seeking Habeas Corpus Relief by Federal prisoner Ivan Gonzalez was convicted of possession with intent to distribute three kilograms of cocaine. He was sentenced to five years of imprisonment. The U.S. Parole Commission calculated a presumptive parole date of May 30, 1990. When …
Article • August 15, 1992 • from PLN August, 1992
Three Strikes, You're Out by Ed Mead By Ed Mead Those short sighted anti-crime proponents in Washington state are at it again. This time the conservatives are circulating a citizen's initiative, The Persistent Offender Accountability Act (Initiative 590) that would provide two major changes to punishment: mandatory life in prison …
Article • August 15, 1992 • from PLN August, 1992
Adverse Change in Board Rules is Ex Post Facto by Adverse Change In Board Rules Is Ex Post Facto The Oregon Court of Appeals has reaffirmed its holding that application of parole board rules not in effect when a prison committed his crime, and which had the effect of potentially …
Article • August 15, 1992 • from PLN August, 1992
Washington Lifers Litigation Update by John Midgley By John Midgley This is a further update on the "lifers" litigation. The current status of the Powell case is as follows: US District Court Judge Thomas Zilly has held that SHB 1457 is ex post facto as applied to Mr. Powell. The …
Article • August 15, 1992 • from PLN August, 1992
Filed under: Parole, News, State Legislation
Ohio Criminal Sentencing Commission Update by John Perotti By John Perotti There have been a lot of rumors of abolishing the parole board in Ohio. Here are the facts in relation to this rumor. In 1990 former Governor D. Celeste created the Ohio Criminal Sentencing Commission to study Ohio's sentencing …
Article • August 15, 1992 • from PLN August, 1992
Virginia Sets Guidelines for Terminally-Ill Prisoners by Virginia Sets Guidelines For Terminally-Ill Prisoners The state of Virginia has released a policy to handle requests by terminally-ill prisoners for early release. The policy was developed in response to a request by Alex Velazquez, a prisoner at Powhatan Correctional Center, to be …
Article • July 15, 1992 • from PLN July, 1992
Filed under: Sentencing, Parole
Disgruntled Reader Needs Barf Bag by After reading your March 1992 issue of the PLN I was thoroughly disillusioned, disgusted, and very disappointed that PLN would allow a prisoners' news source to be used to propagate something very harmful to everyone incarcerated [in this state]. I am speaking of the …
Article • June 15, 1992 • from PLN June, 1992
Home Release Status Revoked for Exercising Right to Silence by Adrian Lomax By Adrian Lomax Steven Asherman was doing a fourteen-year bit for manslaughter in the Connecticut prison system. After he had served three years, the keep [guards] approved Asherman's application for Supervised Home Release. SHR is not parole, but …
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