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Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In …
Article • December 14, 2017
Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits. …
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …
National Police Accountability Project - CLE Seminar Brochure, DC, 2017 Name:_____________________________________ Firm: _____________________________________ Address:___________________________________ City:_______________ State:___ Zip:___________ Phone:_____________ E-mail_________________ Please bill my: [ ] Visa [ ] MC [ ] Discover Card #_____________________________________ Expiration Date: _____________________________ CVV Code: ______________________________ Signature: __________________________________ [ ] Check enclosed (Please make check payable to: …
Article • April 3, 2017 • from PLN April, 2017
COA Not Required for Innocence Protection Act Appeals by The Fourth Circuit Court of Appeals held last year that a Certificate of Appealability is not required to appeal the denial of a motion for DNA testing pursuant to the Innocence Protection Act (IPA), though the Court affirmed the denial of …
Article • October 14, 2016
Ohio Supreme Court: Inference of Motive Justifies Death by Mark Wilson The Ohio Supreme Court affirmed the death sentence of a man who was sentenced to death by a three-judge panel on a mere inference of motive. David Williams, Nicholas Wiskur and Robin Patterson entered into a failed Ohio business …
Article • October 3, 2016 • from PLN October, 2016
Federal Civil Procedure Rule 15 is Substantive, Not Chronological in Application by The Ninth Circuit Court of Appeals held on November 23, 2015 that Fed.R.Civ.P. 15 operates substantively, not chronologically, allowing a plaintiff to amend in whatever order he or she deems fit, provided there is compliance with the requirements …
Article • September 9, 2016
4th Circuit Overturns Dismissal of Adam Walsh Civil Commitment Case by Derek Gilna The 4th Circuit Court of Appeals has reversed the dismissal of the Adam Walsh case against Walter Wooden, finding that the application of that Act to the defendant did not violate the Due Process and Equal Protection …
Article • August 12, 2016
Arkansas Supreme Court Upholds Conviction of Prisoner Who Strangled Cellmate by On September 17, 2015, the Supreme Court of Arkansas upheld the conviction of Arkansas state prisoner Robert T. Holland who was convicted of capital murder for strangling his cellmate and sentenced to death. Holland's appeal alleged the trial court …
Seventh Circuit Holds Indiana Must Provide Process to Appeal Errors in Sex Offender Registry by Matthew Clarke On August 26, 2012, the Seventh Circuit court of appeals held that the Indiana Department of Corrections (DOC) must provide a procedure by which persons listed on the state's "Sex and Violent Offender …
Article • August 5, 2016
Nebraska Juvenile Court May Enter Visitation Orders While Appeal Pending by The Nebraska Court of Appeals held a juvenile court had continuing jurisdiction to suspend a parents visitation privileges while an appeal challenging adjudication of the children was pending.  The court further found it lacked jurisdiction over the instant appeal …
Article • June 3, 2016 • from PLN June, 2016
Tenth Circuit Affirms Murder Conviction Called into Question by New DNA Evidence by Derek Gilna In 2005, federal prisoner Mark Jordan was convicted of the June 1999 recreation-yard murder of fellow prisoner David Stone at USP Florence in Florence, Colorado. In 2012, another prisoner who had been present at the …
Brief • April 21, 2016
State of Ohio v. Broom, OH, Slip Opinion, 8th Am death penalty failed execution, 2016 [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Broom, Slip Opinion No. 2016-Ohio-1028.] NOTICE This slip opinion is subject to formal revision before it is …
Article • March 31, 2016 • from PLN April, 2016
Sixth Circuit Allows Revival of Untimely Habeas Appeal Using Rule 60(b) by Matthew Clarke The Sixth Circuit allowed a prisoner to revive the appeal of her federal habeas corpus action in the interests of justice after she won a civil rights lawsuit against prison guards who prevented her from filing …
Article • March 31, 2016
Holder Orders U.S. Attorneys Not to Use Appeal Waivers by Derek Gilna Former U.S. Attorney General Eric Holder followed up his announcement restricting the usage of 851’s to coerce plea bargains with an announcement directing, not suggesting, that all U.S. Attorneys refrain from asking for appeal and habeas waivers in …
Brief • March 25, 2016
Pettit v. IA Department of Corrections, IA, Ruling, sex offender parole due process, 2016 E-FILED 2016 MAR 25 11:23 AM POLK - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR POLK COUNTY GARY PETTIT, CASE NO. CVCV049768 Petitioner, vs. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER IOWA …
Brief • March 16, 2016
State of Ohio v. Broom, OH, Judgment, 8th Am death penalty failed execution, 2016 Elie (Supreme Qlnurt of (Elfin: HAR I6 Zfllfi ‘O2’ COURT SUPREHE COURT OF OHIQ .t ,5 State ofOhio Case No. 2012-0352 JUDGMENT ENTRY 3} ~ v. Romell Broom APPEAL FROM THE COURT OF APPEALS This cause, …
Article • March 1, 2016 • from PLN March, 2016
D.C. Appellate Court Reverses $2.3 Million Wrongful Imprisonment Award by Derek Gilna The District of Columbia’s Court of Appeals has reversed a judgment against the D.C. government based upon the municipal liability standard set forth in Monell v. Dept. of Social Services, 436 U.S. 658 (1978). According to the appellate …
Article • February 17, 2016
Filed under: Appeals, Mental Health
Mentally Ill Oregon Prisoner's Appeal Dismissed for Hanging Up on Judge by Mark Wilson The Oregon Court of Appeals upheld the dismissal of a mentally ill prisoner's appeal for hanging up from telephonic hearings while the judge was speaking. Oregon prisoners may file a collateral appeal known as a post-conviction …
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