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Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles by Mark Wilson by Mark Wilson On October 6, 2022, the Oregon Supreme Court denied a petition for review from prosecutors seeking to stop the Governor and Board of Parole and Post-Prison Supervision (BPPS) from granting early …
Article • September 15, 2023 • from PLN September, 2023
Four Hawaii Prison Guards Sentenced for Beating Prisoner – But One Wins Back-Pay by David Reutter by David M. Reutter On January 17, 2023, the last of four former Hawaii prison guards convicted of beating a state prisoner was sentenced to federal prison. The sentences ranged from one to 12 …
Biden Commutes 31 Federal Drug Sentences by Jordan Arizmendi by Jordan Arizmendi On April 29, 2023, Pres. Joseph R. Biden, Jr. (D) reduced the federal prison sentences of 31 people, each serving time on home confinement for nonviolent drug-related convictions. The commutation of sentences was one component of a strategy …
Article • August 15, 2023 • from PLN August, 2023
Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated by David M. Reutter by David M. Reutter On February 14, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed a lower court’s denial of qualified immunity (QI) to James LeBlanc, Secretary of the Louisiana …
Article • July 15, 2023 • from PLN July, 2023
California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served by David Reutter by David M. Reutter On March 28, 2023, the CaliforniaThird District Court of Appeals ordered a lower court to recalculate a prisoner’s custody credits for time spent in a facility to bring the …
Article • May 24, 2023
Study Finds 3% of US Prisoners Are Doing Time for Crimes Committed as Children by Jordan Arizmendi by Jordan Arizmendi Children prosecuted as adults have sadly been ignored by criminal justice reform. On May 9, 2023, a new study was released by the nonprofit Human Rights for Kids that put …
Article • April 24, 2023
Nebraska Supreme Court Puts Burden on Migrant Detainee to Prove Sentence Calculation Credit Error by Casey Bastian by Casey J. Bastian On March 10, 2023, the Nebraska Supreme Court affirmed a sentencing court’s jail credit calculation under Neb. Rev. Stat. § 47-503 (Reissue 2021), in a case where the amount …
Article • March 1, 2023 • from PLN March, 2023
Fifth Circuit Greenlights Suit by Louisiana Prisoners Held in Local Jails Beyond Release Date by Matthew Clarke by Matt Clarke On June 10, 2022, the U.S. Court of Appeals for the Fifth Circuit held that Louisiana prison officials were not entitled to qualified immunity (QI) for delays in calculating release …
Fifth Circuit: No Liability for Texas County that Improperly Relied on Polygraph to Imprison Released Sex Offender Additional 13 Years by Benjamin Tschirhart by Benjamin Tschirhart In a maddening decision issued on March 23, 2022, the U.S. Court of Appeals for the Fifth Circuit performed legal gymnastics to deny a …
Article • February 1, 2023 • from PLN February, 2023
Federal Judge Refuses to Shorten Corruption Sentence for Former Head of New York City Jail Guards’ Union by Matthew Clarke by Matt Clarke On August 10, 2022, the federal court for the Southern District of New York denied a habeas corpus petition filed by the former head of the union …
Article • January 1, 2023 • from PLN January, 2023
Florida Supreme Court: Trial Courts Have Authority to Correct Sentencing Errors, But Subject to Time Limits by David Reutter by David M. Reutter On June 16, 2022, the Supreme Court of Florida held that a trial court has authority to make corrections to sentence credits for jail and prison time …
Article • December 27, 2022
Ninth Circuit Tells Federal Prisoner in California to Wait Until Incarcerated Before Applying for Compassionate Release by Matthew Clarke by Matt Clarke On April 4, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a convicted and sentenced federal criminal defendant who had not yet been incarcerated …
Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime by Jacob Barrett by Jacob Barrett On May 26, 2022, the Supreme Court of Arkansas held the state Department of Corrections (DOC) miscalculated parole-eligibility dates for a pair of state prisoners, causing a …
Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process by Douglas Ankney by Douglas Ankney On August 30, 2022, the U.S. Court of Appeals for the Eighth Circuit held that Missouri’s parole review process does not violate the constitutional rights of prisoners who …
Article • November 30, 2022 • from PLN December, 2022
LGBTQ Adults and Youth Face Criminalization and Over-Incarceration by Jacob Barrett by Jacob Barrett LGBTQ individuals continue to be criminalized for their sexuality, resulting in high rates of incarceration and higher chances of solitary confinement once behind bars. That’s the take-away from a report by The Sentencing Project issued on …
Article • October 31, 2022 • from PLN November, 2022
Sentencing Reports Show Longer Sentences, Few Compassionate Releases by Benjamin Tschirhart, Casey Bastian by Benjamin Tschirhart and Casey J. Bastian On July 20, 2022, the nonprofit Council on Criminal Justice (CCJ) reported a spike in the share of state prisoners serving long sentences, with 57% now locked up for ten …
Article • September 1, 2022 • from PLN September, 2022
Rhode Island Supreme Court Finds Lifer “Civil Death” Law Unconstitutional by David Reutter by David M. Reutter The Supreme Court of Rhode Island held on March 2, 2022, that the state’s civil death statute is “unconstitutional and in clear contravention of the provisions” of the state constitution. The Court’s ruling …
Article • September 1, 2022 • from PLN September, 2022
SCOTUS Reinstates Boston Marathon Bomber’s Death Sentence by Mark Wilson by Mark Wilson In a 6-3 decision authored by Justice Clarence Thomas on March 4, 2022, the U.S. Supreme Court reinstated the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev, reversing a lower appellate court to conclude that the trial …
Article • September 1, 2022 • from PLN September, 2022
Even as U.S. Jail Population Declines, Average Length of Stay Rises by Ashleigh Dye by Ashleigh N. Dye A recent study published in December 2021 suggests that even as U.S. jail population was falling between 2014 and 2019, the length of stay for each incarceration was on the rise. The …
Article • August 1, 2022 • from PLN August, 2022
Life Sentences Commuted for Two Massachusetts Prisoners Convicted of First-Degree Murder by Keith Sanders by Keith Sanders On April 21, 2022, the Massachusetts Parole Board voted unanimously to grant parole to state prisoner William Allen, nine days after taking another unanimous vote to parole another Bay State prisoner, Thomas Koonce, …
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