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Article • March 15, 2009 • from PLN March, 2009
From the Editor by Paul Wright Readers will have received the January and February, 2009 issues of PLN later than usual because we had a problem with our mailing list database. The problem has been resolved and we are now moving back towards our regular publishing schedule. We apologize for …
Texas Parole Officials Caught Lying to Federal Court With Impunity by A Texas federal court has dismissed as moot a parolee’s challenge to parole restrictions which prevented him from having unsupervised contact with his son. During the course of the litigation, parole officials repeatedly misled the court. Gerald Grant, a …
Article • March 15, 2009 • from PLN March, 2009
Report Finds Increase in Michigan Prison Population Attributable to Political Policy Changes, Not Crime Increase by David Reutter Report Finds Increase in Michigan Prison Population Attributable to Political Policy Changes, Not Crime Increase by David M. Reutter A report issued by the Citizens Research Council of Michigan (CRC) concludes that …
$15,000 Settlement For BOP's Abuse, Conspiracy Against Government Informant by Colorado federal prisoner and government informant, David Merritt, brought a federal tort action against the United States in 1999 after federal guards and officials at the Florence Supermax (ADX) facility conspired to have him killed, violated his constitutional rights and …
Article • March 15, 2009
BOP's Noncompliance With Parole Provisions Settles For $346.18 by Illinois federal prisoner Michael Knowles petitioned for a writ of mandamus against the Bureau of Prisons (BOP) in 1997 to enjoin their noncompliance with statutory parole provisions mandating his parole eligibility. Knowles agreed to dismiss the petition in exchange for being …
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Article • February 15, 2009 • from PLN February, 2009
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Article • January 15, 2009
Nevada DOC Psych Hearings Not Exempt From Suit As Judicial Proceedings by Nevada State pro se prisoner Robert Stockmeier appealed the 2002 dismissal of his action against the Nevada Department of Corrections (NDOC) for statutory procedure violations. A closed hearing led to his parole denial after uncharged accusations were heard …
Article • January 15, 2009
Colorado Federal Probationers' Employer Notification Requirement Not Occupational Restriction Under USSG by Bob Williams By: Bob Williams Colorado federal probationers Ruian Du and Rachel Chavez appealed the denial of their individual requests for a stay of the 2005 application of Colorado's Employment Verification Policy (Policy). They claimed that it constituted …
Article • January 15, 2009 • from PLN January, 2009
Filed under: Sentencing, Parole
Texas Prisoners Pay Parole Consultants Hefty Fees by Many Texas prisoners seeking parole are paying large fees to attorneys acting as parole consultants, in an attempt to increase the likelihood of gaining release. In 2007, 22,364 Texas prisoners were paroled. About ten percent – or 2,168 – had hired one …
Federal Prisoner Eligible For Community Placement Despite BOP Regulations by Bob Williams By: Bob Williams The United States Court of Appeals for the Tenth Circuit has invalidated Bureau of Prisons (BOP) community placement regulations as inconsistent with congressional intent. Florence (Colorado) Federal Correctional Institution Warden, Ron Wiley, appealed a 2006 …
California Act Requires Three Drug Abuse Violations Before Parole, Probation Revocation by California State prisoner Barry Hazle appealed his probation revocation for drug abuse violations that sent him to prison. His third revocation petition alleged violations occurring prior to his second. The court reversed the incarceration ruling. Hazle pled guilty …
Article • January 15, 2009
New York Ex Parolee's Discharge Reversed For Restitution Determination by Sullivan County (New York) District Attorney Stephen Lungen petitioned to vacate and reverse the State Division of Parole's (DOP) discharge of ex parolee Kera Peters. An increased restitution order was inadvertently not applied and her discharge precluded its payment. The …
Residence Restriction On Federal Prisoner's Supervised Release Deemed Necessary by Federal Prisoner and American Indian Sheldon Alexander appealed a supervised release condition requiring him to reside in Grand Rapids, Michigan. It was implemented to isolate him from past influences and was ruled necessary to protect the public. Alexander's confessed alcohol …
Article • January 15, 2009
Federal Court Orders California Parole Board to Set Lifer’s Term; Reversed on Appeal by by Marvin Mentor The U.S. District Court for the Northern District of California ordered the state Board of Parole Hearings (BPH) to fix a term within 30 days for a second-degree murderer who had been denied …
Article • January 15, 2009
California Appellate Court Affirms Parole for Lifer Over Governor’s Objection by by John E. Dannenberg The California Court of Appeal, Second District, Division 6, affirmed a superior court’s ruling that had overturned Governor Arnold Schwarzenegger’s reversal of a favorable parole decision for a second-degree murderer. Applying an “especially close scrutiny” …
Article • January 15, 2009
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
Article • January 15, 2009
No Liberty Interest in DC Parole by The Seventh Circuit Court of Appeals held that a District of Columbia (DC) prisoner did not have a liberty interest in parole, and that his denial of parole and 36-month parole set-off were not arbitrary. In 1999, Joseph Thompson was convicted in the …
Article • January 15, 2009
California Appellate Court: “No Evidence” Supported Parole Denial for Triple Murderer by by John E. Dannenberg The California Court of Appeal has granted a habeas corpus petition filed by a triple murderer who was denied parole based upon the severity of his offenses, because his 29-year prison record showed no …
Article • January 15, 2009
Remedy for Failure to Give California Parole Violator Timely Revocation Hearing is Release from Custody by by John S. Dannenberg The California Court of Appeals has held that when a parole violator is denied a timely revocation hearing that comports with the due process protections set forth in Valdivia v. …
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