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Article • November 15, 2011
No Sixth Amendment Right to Confront Witnesses at Parole Revocation Hearings by Brandon Sample By Brandon Sample The Sixth Amendment’s right to confront witnesses does not apply to parole revocation proceedings, the U.S. Court of Appeals for the Tenth Circuit decided November 24th, 2010. The U.S. Parole Commission revoked Bruce …
Article • September 15, 2011
California: Probation Revocation Based Upon Hearsay Evidence Was Error by by John E. Dannenberg The California Court of Appeal reversed a prisoner's revocation of probation that had rested upon hearsay evidence at his revocation hearing. The court held that where there had been no impediment to having gained actual witness …
Article • September 15, 2011
Reason For Denying Witnesses Required in Kansas Prison Disciplinary Action by On February 23, 2007, a Kansas court of appeals held that a disciplinary hearing officer must state the reasons for denying the prisoner's witnesses. Marcus B. Washington, a Kansas state prisoner, was infracted by a female guard after he …
No Qualified Immunity for Inadequate Iowa Disciplinary Notice by The Eighth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity to prison officials on an Iowa prisoner’s inadequate disciplinary notice claim. Iowa prisoner William Dible was granted work release in April 2003, and placed at a residential …
Alaska Prisoner’s Action to Overturn DR Not Moot if Relief Sought Greater than Obtained by David Reutter By David M. Reutter The Alaska Supreme Court has held that a prisoner’s action to reverse a disciplinary charge is not moot where the relief sought is greater than that afforded by prison …
Witness Testimony Judged Appropriate on Appeal by Following his conviction for custodial assault, Washington prisoner David Sykes filed his appeal arguing the trial court admitted into evidence “improper opinion testimony” and his counsel was ineffective for failing to object to it. Sykes was convicted of the assault for throwing a …
Article • April 15, 2011
New York Prisoner Awarded $650 for Excessive Confinement by On October 5, 2009, New York prisoner Valerie Gaiter was awarded $650 in a New York Claims Court as compensation for 65 days she was wrongfully confined following a disciplinary conviction. At her disciplinary hearing, the hearing officer refused to allow …
Article • April 15, 2011 • from PLN April, 2011
Oregon Parole Board Improperly Excluded Witnesses at Revocation Hearing by The Oregon Supreme Court, sitting en banc, held that the Oregon Board of Parole (Board) had improperly deprived a parolee of his right to call witnesses at a revocation hearing. Parolee Thomas Edward O’Hara was arrested on March 9, 2005 …
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violates Due Process by The Fifth Circuit Court of Appeals has held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593 (1972) when it …
Article • February 15, 2011 • from PLN February, 2011
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violated Due Process by The Fifth Circuit court of appeals held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), …
Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a …
California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation” by Marvin Mentor The California Office of Administrative Law (OAL) struck down the unwritten policy of the California Board of Parole Hearings (BPH) that denied all requests for friendly oral witness testimony at lifer …
Ninth Circuit: California Federal Habeas Petitioner Sufficiently Exhausts State Court Remedies When He Presents Facts Necessary to Support Constitutional Claim by John Dannenberg Ninth Circuit: California Federal Habeas Petitioner Sufficiently Exhausts State Court Remedies When He Presents Facts Necessary to Support Constitutional Claim by John E. Dannenberg A California state …
Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions by Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions The Seventh Circuit U.S. Court of Appeals held that a prisoner who sued guards for allegedly brutally injuring him during an …
Loss of Disciplinary Witness Testimony Okay by The court assumes that 600 days in SHU is a deprivation of liberty but dismissed the plaintiff's due process claim on other grounds. The temporary loss of the taped testimony of a witness--the victim of the alleged assault--who was interviewed in the hospital …
No Due Process Required for Nutraloaf or Plexiglas Cell Placement by Placement of the plaintiff in a cell with a Plexiglas shield and imposition of a restricted diet ("Nutriloaf") as a sanction for repeatedly throwing feces at staff did not violate the Eighth Amendment. The claim is governed by the …
Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Due Process Required Before Termination from Colorado Sex Offender Treatment Program by Bob Williams The United States District Court for the District of Colorado has again found that Colorado state prisoners convicted of sex offenses have a liberty interest in receiving treatment and must be afforded due process prior to …
More Settlements and Verdicts in New Hampshire False Disciplinary Charge Case by A federal jury in New Hampshire has awarded a total of $150,000 to two former prisoners in the continuing saga of false disciplinary charges by a guard at the Hillsborough County Jail. These cases stem from the actions …
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