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California Prosecutors, Parole Board, State Agencies Entitled to Absolute Immunity in Parole Decisions by The Ninth Circuit Court of Appeal has held that prosecutors, parole board members and state agencies are entitled to absolute immunity for participating in or making parole decisions. The Court’s ruling comes in the case of …
Article • June 15, 2009
California Prisoner's Court-Ordered Release Reversed on Appeal by On October 5, 2006, after serving more than 21 years on a sentence of 15 years to life for second degree murder, California prisoner Garabet Tokhmanian was deemed suitable for parole by the parole consideration panel (the panel). Pursuant to California law, …
Article • June 15, 2009 • from PLN June, 2009
Washington: Violation of Community Custody Conditions May Be Enforced While Offender Is Reincarcerated by Washington: Violation of Community Custody Conditions May Be Enforced While Offender Is Reincarcerated The Washington State Supreme Court held that a prisoner who had been released on “community custody,” but who violated his terms of release …
Article • June 15, 2009 • from PLN June, 2009
Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matthew Clarke Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matt Clarke In an attempt to reduce prison overcrowding and save money, Nevada has expanded its efforts to deport incarcerated non-citizens, including …
Article • June 15, 2009 • from PLN June, 2009
California Lifers Housed Out-Of-State in Federal Witness Protection Program Entitled to Appear in Person at Parole Hearings by John Dannenberg by John E. Dannenberg The California Court of Appeal (Third District) held that California prisoners sentenced to life with the possibility of parole, who are housed in out-of-state facilities in …
Article • May 15, 2009 • from PLN May, 2009
Billionaire-Funded California Voter Initiative Triples Lifer Parole Denial Intervals, Imposes Restrictions on Parole Violators by Billionaire-Funded California Voter Initiative Triples Lifer Parole Denial Intervals, Imposes Restrictions on Parole Violators In the November 2008 elections, California voters narrowly passed Proposition 9 by a 53 to 47% margin. Prop. 9 was a …
Article • May 15, 2009 • from PLN May, 2009
Federal Supervised Release Must be Credited for Time Served on Prior Revocations by Federal Supervised Release Must be Credited for Time Served on Prior Revocations The Eleventh Circuit Court of Appeals held that the maximum allowable period of federal supervised release following multiple revocations must be reduced by the aggregate …
$500,000 Awarded to Family of Parolee Mistakenly Shot and Killed by Live Ammunition by On November 9, 2004, the City of Redondo Beach was ordered to pay $500,000 to the family of a California parolee who was killed by police after being mistakenly shot by live ammunition instead of “bean …
Article • April 15, 2009 • from PLN April, 2009
Pennsylvania Prison Crowding, Parole Crisis Result in New Laws, Parole Suspension by Matthew Clarke by Matt Clarke On September 29, 2008, Pennsylvania Governor Ed Rendell ordered a moratorium on paroles. Three weeks later he lifted the suspension of paroles for non-violent offenders, and the moratorium was completely withdrawn last December. …
Washington DOC Pays $2.2 Million to Settle Inadequate Supervision Claim Resulting in Death by The Washington State Department of Corrections (WDOC) agreed to pay $2.2 million to the family of a man who was brutally beaten by a probationer. The lawsuit claimed WDOC was liable for wrongful death because it …
Article • April 15, 2009
County Pays $500,000 for Negligent Supervision of Probationer by Washington’s Whatcom County has settled a claim that it was negligent in failing to monitor the actions of a probationer for $500,000. The lawsuit was brought by the parents of Michael C. Busby, Jr., 8, who was killed by the probationer. …
Article • April 15, 2009
Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …
Article • April 15, 2009
Ninth Circuit: California Governor’s Reversal Of Lifer’s Parole Violates Due Process Absent Some Evidence Of Current Dangerousness; Rehearing En Banc Granted by In a major victory for California lifers, the Ninth Circuit U.S. Court of Appeals held that a second-degree murderer who had done 27 years on a 15-life sentence …
Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal by The Eighth Circuit Court of Appeals has held that 18 U.S.C. sec. 4211(c)(1) creates only a right to an early parole termination hearing, not a right to release in the absence …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Involuntary Plea in Washington Requires Withdrawal or Strict Plea Enforcement by A state of Washington Court of Appeals has held that a defendant who enters an involuntary plea is entitled to choose his remedy of either specifically enforcing the plea agreement or withdrawing that plea. The ruling came in the …
California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John Dannenberg California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the …
Article • April 15, 2009 • from PLN April, 2009
BJS Report Reveals Parole Supervision Characteristics by Mark Wilson In 2006, nearly 68,000 state employees supervised 660,959 adult parolees – about 83 percent of 798,202 total parolees – according to a Special Report of the U.S. Department of Justice’s Bureau of Justice Statistics (BJS). Parole officers had an average caseload …
Article • April 15, 2009 • from PLN April, 2009
Filed under: Sentencing, Parole
CA Supreme Court Capitulates, Rewrites "Unworkable" 2005 Dannenberg Lifer Judicial Parole Review Standards by CA Supreme Court Capitulates, Rewrites "Unworkable" 2005 Dannenberg Lifer Judicial Parole Review Standards In a welcome reversal of its own “hotly contested” 4-3 decision in In re Dannenberg, 34 Cal. 4th 1016 (2005), concerning judicial review …
Article • April 15, 2009
California Appellate Court: First-Degree Murderer Released After 24 Years And Four Governor-Reversals Of Grants Of Parole by The California Court of Appeal, in 2-1 decision, overruled Governor Schwarzenegger’s fourth reversal of a grant of parole for a 60-year-old female first-degree murderer after finding that her release was not supported by …
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