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Article • June 15, 2007 • from PLN June, 2007
Lifetime Supervision or Lifetime Incarceration for Colorado Sex Offenders? by by G.A. Bowers Colorado has one of the toughest sex offender laws in the nation, according to University of Denver law professor Karen Steinhauser. Under the 1998 Lifetime Supervision of Sex Offenders Act (Act), over 800 sex offenders have been …
Article • June 15, 2007 • from PLN June, 2007
California Governor’s Parole Veto Reversed by Federal Court by John Dannenberg California Governor's Parole Veto Reversed by Federal Court by John E. Dannenberg The U.S. District Court granted a California second degree murderer's 28 U.S.C. § 2254 habeas corpus petition and ordered that he be released on parole unless the …
Harsh Federal Parole Conditions for Federal Sex Offender Upheld by The U.S. Court of Appeals for the Second Circuit has affirmed a federal district court order requiring a released sex offender to undergo polygraph exams, to avoid contact with minors, and to abstain from using the Internet while on parole. …
Article • June 15, 2007 • from PLN June, 2007
Supreme Court: California’s Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment by Marvin Mentor Supreme Court: California's Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment by Marvin Mentor A divided U.S. Supreme Court has upheld the constitutionality of a unique California statutory …
Article • May 15, 2007
Sixth Circuit Rules Tennessee Prisoner Has Liberty Interest in Parole by The Sixth U.S. Circuit Court of Appeals has vacated and remanded a Tennessee Federal District Court's dismissal of a Tennessee prisoner's 42 U.S.C. §1983 suit as having no basis in law or fact. Alvin Seagroves, a Tennessee state prisoner …
Article • May 15, 2007
Federal Parolee Not Entitled To Immediate Revocation Hearing by The U.S. Supreme Court held that a federal parolee imprisoned for federal crimes that he committed while on parole had no constitutional right to an immediate parole revocation hearing. Petitioner originally received a 10-year sentence for a rape committed on an …
Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations by Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations The Ninth Circuit Court of Appeals held a parolee has a right to cross- examine witnesses at a parole revocation hearing on charges …
Article • May 15, 2007
Filed under: Sentencing, Good Time, Parole
Massachusetts Good Time Deducted From Parole Eligibility Date by The Supreme Judicial Court of Massachusetts held that good conduct time for state prisoners must be deducted from their parole eligibility date (calculated as a fraction of the minimum sentence imposed by the judge) and deference was not to be given …
Illinois Prisoner Awarded $34,500 For Delayed Release by On July 20, 1994, a federal district court awarded a former Illinois state prisoner $34,500 in compensatory and punitive damages for the extra time he spent in prison after being granted parole. Plaintiff Timothy Wilson claimed that on January 21, 1990, he …
Article • May 15, 2007
No Liberty Interest in the Expectation of Parole by The United States Supreme Court ruled that a "liberty interest" does not attach to an expectation to be released on parole and a prisoner is not entitled to due process when anticipated parole is rescinded. George Van Curen, an Ohio Department …
Article • May 15, 2007
Retroactive Application of Rule Taking Street Time Valid by The District of Columbia Court of Appeals held that neither the ex post facto clause nor the due process clause of the Constitution was violated by retroactive application of a prior D.C. Court of Appeals ruling holding that "street time" should …
Article • May 15, 2007
Filed under: Sentencing, Parole
Washington: Consecutive Terms for Multiple Sentencing Violations Upheld by The Supreme Court of Washington, en banc, held that imposing consecutive 45-day sentences for each of ten violations of conditions of sentencing was valid under Washington state law. Samuel McDougal was sentenced to 30 days confinement and community supervision for one …
Article • May 15, 2007
Mandatory Language in Montana Parole Statute Creates Liberty Interest by The U.S. Supreme Court held that mandatory language in Montana's parole statutes created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its …
Article • May 15, 2007
Montana Parole Statute Creates Liberty Interest by The U.S. Court of Appeals for the Ninth Circuit held that Montana's parole statute created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its Chair …
Article • May 15, 2007
US Parole Commission Amendment Upheld by The Tenth Circuit Court of Appeals held that application of a 1987 amendment to the Sentencing Reform Act of 1984 (SRA) does not violate the due process rights of federal prisoners. The court also held that the amendment is not an unlawful Bill of …
Article • May 15, 2007
Parole Board Decision One Time Act That Fails to Toll Statute of Limitations by Parole Board Decision One Time Act That Fails to Toll Statute of Limitations The Eleventh Circuit Court of Appeals held a parole board's setting of a parole date is a one time act and not a …
Article • May 15, 2007
Parole Hearing Does Not Estopp False Arrest Suit by The Second Circuit Court of Appeals reversed a district court's grant of summary judgment, holding that the facts found at the plaintiff's parole hearing did not have collateral estoppel effect, and that a genuine issue of fact existed in excessive force …
Article • May 15, 2007
No Equal Protection Violation For Sex/Non-Sex Offense Parole Periods by Colorado Department of Corrections prisoner John Harper filed a post-conviction motion claiming an equal protection violation for imposing an additional period of mandatory parole for a non-sex offense, while those convicted of sex offenses committed prior to July 1, 2002, …
Washington DOC Pays $4 Million in Parolee's Rape of Seven Year Old by In 2003 the Washington Department of Corrections (DOC) paid a total of $4 million to settle a parole liability suit involving the sexual assault of a seven year old girl by a parolee under its supervision. This …
Federal Parole Officials Not Entitled To Absolute Immunity by The U.S. Court of Appeals for the Third Circuit held that a district court erred in dismissing a parolee's claim against probation and parole officials and that the parole officials were not entitled to absolute immunity. Lawrence Wilson, a federal parolee, …
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