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Errantly Paroled Mentally Ill San Quentin Prisoner Commits Mayhem In San Francisco by Errantly Paroled Mentally Ill San Quentin Prisoner Commits Mayhem In San Francisco When San Quentin, California state prison employees released mentally ill prisoner Scott Thomas onto parole on the night of Friday, May 18, 2007, they committed …
Article • November 15, 2008 • from PLN November, 2008
CA State Auditor: 352 Licensed Residential Living Facilities Errantly Housed Registered Sex Offenders by John Dannenberg CA State Auditor: 352 Licensed Residential Living Facilities Errantly Housed Registered Sex Offenders by John E. Dannenberg The California State Auditor cross-checked the State’s database of its 59,000 registered sex offenders and that of …
Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody by Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody A divided panel of the Ninth Circuit U.S. Court of Appeals held that Washington State statute RCW § 9.94A.710(1) …
Article • October 15, 2008 • from PLN October, 2008
Filed under: Sentencing, Parole
Virginia Parole Rate Plummets Despite Thousands of Eligible Parolees by John Dannenberg by John E. Dannenberg Politics in Virginia have trumped reason when it comes to releasing eligible offenders on parole. Notwithstanding examples of successful reintegration into society after such prisoners are released, political pressure has driven the parole board’s …
Article • October 15, 2008 • from PLN October, 2008
Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John Dannenberg Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan issued a declaratory judgment and remedial injunctive order granting new hearings to non-drug …
Article • September 15, 2008 • from PLN September, 2008
Sixth Circuit Upholds Dismissal of Challenge to Ohio Parole System by Matthew Clarke by Matt Clarke The Sixth Circuit court of appeals upheld the district court’s dismissal of a challenge to the Ohio parole system brought by Ohio attorney Norman Sirak. This is a civil rights action under 42 U.S.C. …
New Jersey Joins Other States in Restricting Internet Use by Sex Offenders by New Jersey Joins Other States in Restricting ?Internet Use by Sex Offenders On December 27, 2007, New Jersey enacted legislation to restrict convicted sex offenders’ Internet use. Acting Governor Richard J. Codey relied on public hysteria over …
Article • September 15, 2008 • from PLN September, 2008
Physical, Mental and Substance Abuse Problems Fuel Recidivism by by Gary Hunter In February 2008 the Urban Institute Justice Policy Center issued a report detailing three major factors fueling the high recidivism rate in U.S. prisons. These factors included Physical Health and Reentry, Mental Health and Reentry and Substance Abuse …
Article • August 15, 2008
Absent Improper Conduct Finding, Washington Employee Cannot be Forced to Write Apology Letter by The State of Washington Personnel Appeals Board (PAB) has held that where no evidence exists that a public employee engaged in misconduct, acted inappropriately during an interaction with a private citizen, the employee was not guilty …
Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs by Hector Jimenez, a federal prisoner facing deportation when his prison sentence was completed, filed suit in U.S. district court under 28 U.S.C. §§ 2241 and 2255, claiming that his equal protection rights were violated when prison officials denied him …
Article • August 15, 2008
Filed under: Sentencing, Parole
New York Court Orders Parole Board to Decide Murderer’s Parole Based Solely on Recent Prison Record; Reversed on Appeal by by John E. Dannenberg The Manhattan Supreme Court ordered the New York Division of Parole (“Board”) to release a murderer unless it came up with a valid denial reason based …
Article • August 15, 2008
DNA Collection Statute’s Retroactive Application to Violate Federal Prisoner’s Parole Upheld by On July 23, 1998, John Reynard robbed a branch of the Bank of America in San Diego, California. On December 21, 1998 he was sentenced to thirty months in federal prison. In November of 2000 he was paroled …
Article • August 15, 2008
California Habeas Corpus Grant that Excluded “Show Cause Order” Reversed for Procedural Inadequacy by The State of California appealed a 2006 court order directing the Board of Prison Terms (Board) to reduce a prisoner's sentence and adjust her release date according to pre amended statutory sentencing provisions. The court order …
Article • August 15, 2008
Collecting Reasonable Fees from Kansas Prisoners for Government Reimbursement Not Unconstitutional by Kansas state prisoner Michael Taylor appealed the dismissal of his 42 U.S.C. § 1983 action alleging various constitutional violations for the deduction of supervision fees from his prison account. The dismissal of his suit was affirmed. Taylor was …
Article • August 15, 2008
Justification Required for Denial Under Tennessee Public Records Act by Tennessee state prisoner J. Hickman appealed the Davidson County Chancery Court's dismissal of his pro se motion to obtain documents from the Tennessee Board of Probation and Parole (Board) pursuant to the state's Public Records Act (Act), Tenn. Code Ann. …
Article • August 15, 2008
California Doesn’t Require Parole Board to Disclose Letters from Those Interested in Parole Applications by Fred Runyan, a private citizen, sued the California Parole Board (Board) in state court under Cal. Code § 1032, to compel disclosure of letters written voluntarily to the Board regarding parole applications. The trial court …
Article • August 15, 2008
Filed under: Sentencing, Parole
Parole Denied After 33 Years Based on California Prisoner's Original Crimes by California Corrections Secretary James Tilton appealed a Superior Court’s reversal of parole denial to state prisoner Paul Hyde. He argued that Hyde's violent robbery and murders in 1972 and 1973 constituted "some evidence" to support the denial of …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Article • August 15, 2008 • from PLN August, 2008
Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case by John Dannenberg by John E. Dannenberg Faced with a pending federal class action lawsuit brought by New York state prisoners seeking relief from being denied parole based solely on the nature of their crimes, …
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