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Article • December 3, 2014 • from PLN December, 2014
Washington Ad Seg Prisoner Improperly Denied Earned Time by Mark Wilson Washington Ad Seg Prisoner Improperly Denied Earned Time by Mark Wilson On December 30, 2013, the Washington State Court of Appeals held that prison officials had improperly denied earned time credit to a prisoner held in administrative segregation (ad …
Article • October 5, 2014
Filed under: Good Time, Pardons/Clemency
Iowa Governor’s Sentence Commutation Changes Good Time Rate by Iowa Governor’s Sentence Commutation Changes Good Time Rate   The Iowa Supreme Court has held that a governor’s commutation of sentence has a legal effect of changing the rate a prisoner may accumulate earned time from the date of commutation forward, …
Article • October 3, 2014
Filed under: Good Time, Wrongful Release
$1.21 Million Settlement after Washington State Prisoner Released in Error Kills Store Clerk by $1.21 Million Settlement after Washington State Prisoner Released in Error Kills Store Clerk   As a result of an earned good-time mix-up, a prisoner at Walla Walla State Prison in Washington State was prematurely released on …
Washington Jail Denied Good Time without Due Process; Rehearing Ordered by The Washington Court of Appeals held in an unpublished opinion that a prisoner was denied good time credits without adequate due process protections. Allen Michael Knoll was held in the Skagit County jail between March 2011 and August 30, …
Herrera v. NM Corrections Dept, NM, Complaint, Improper Sentencing, 2014 Case 1:13-cv-01176-MV-KBM Document 10 Filed 01/20/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CARLOS HERRERA, Plaintiff, vs. 1:13-cv-01176-MV/KBM NEW MEXICO CORRECTIONS DEPARTMENT, R.\NDY DORMAN, individually and in his official capacity, MARY …
SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits by The South Carolina Supreme Court held in late 2012 that the Administrative Law Court (ALC) may not summarily dismiss a prisoner’s appeal of a disciplinary conviction “solely on the basis that it involves the loss …
Brief • January 7, 2014
Filed under: Good Time, Overdetention
Ankeney v. Colorado, CO, Complaint, Good Time Miscalculation, 2014 Case 1:14-cv-00007-MSK Document 9 Filed 01/07/14 USDC Colorado Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 2014-cv-00007-MSK-KMT___________ RANDAL ANKENEY, individually and on behalf of all others similarly situated; FRED DALE, individually …
Article • December 15, 2013 • from PLN December, 2013
Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case by The Supreme Court of Kansas has held that a prisoner is entitled to have time spent in an inpatient drug treatment facility while on probation count as jail time in a consecutive non-drug …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Good Time
California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date by In an October 15, 2012 unpublished ruling, the California Court of Appeal rejected a claim that the denial of enhanced presentence conduct credits to a defendant who committed his offense before October 1, …
Article • October 15, 2013 • from PLN October, 2013
Filed under: Sentencing, Good Time
California: Court May Not Award Increased Presentence Conduct Credits to Categorically Disqualified Prisoners by On July 19, 2012, the California Supreme Court held that a trial court’s discretionary power to dismiss a criminal action “in furtherance of justice” pursuant to Penal Code Section 1385 did not extend so far that …
Article • September 15, 2013 • from PLN September, 2013
Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time by The Second Circuit Court of Appeals held on August 7, 2012 that prison officials who failed to properly award parole jail time (PJT) credits to two prisoners serving concurrent prison and jail sentences were entitled to …
Brief • August 22, 2013
Filed under: Good Time, Overdetention
Ankeney v. Colorado, CO, Ruling, Good Time Miscalculation, 2013 Page 1 1 of 1 DOCUMENT Randal Ankeney, Plaintiff-Appellant, v. Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; Rae Timme, Warden of the Fremont Correctional Facility; and John Suthers, Colorado Attorney General, Defendants-Appellees. Court …
Article • August 15, 2013
Maryland Prisoner Gets Sentence Reduction Credits for “Special Project” Work by Bradford Holup, a Maryland state prisoner, received special training to do blood-spill cleanup work and did that kind of work for over two years in Maryland prisons. Blood-spill cleanup work qualifies as “special project” work for which prisoners are …
Article • August 15, 2013
$30,000.00 Settlement Reached in False Imprisonment Suit Against Washington Department of Corrections by A $30,000 settlement was reached in an action filed against the Washington Department of Corrections (D.O.C.) for miscalculation of good-time credits resulting in false imprisonment. Charles D. Hardt was a prisoner at Airway Heights Correctional Center. With …
Article • August 15, 2013
Filed under: Sentencing, Good Time
BOP Good Time Regulation Promulgated in Violation of the APA; No Relief for Violation Ninth Circuit Holds by The Bureau of Prisons (BOP) regulation affording federal prisoners 54 days of good conduct time (GCT) for each year served was promulgated in violation of the Administrative Procedures Act (APA), the U.S. …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute by Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute In an August 29, 2012 decision, the Seventh Circuit Court of Appeals asked the Illinois Supreme Court to interpret a state law that authorizes the revocation of …
Article • August 15, 2013
Filed under: Sentencing, Good Time
Washington DOC Can’t Impose 5 Years Flat Time for All 1st Degree Assault Convictions with Deadly Weapons Enhancements by The Washington State Supreme Court has ruled that the State Department of Corrections (DOC) can’t require prisoners to serve the first five years of a 1st degree assault sentence as “flat …
Publication • August 1, 2013
Reconsidering Early Release Georgetown J. of Law and Pub. Policy 2013 ARTICLES Clemency, Parole, Good-Time Credits, and Crowded Prisons Reconsidering Early Release PAUL J. LARKIN, JR.* INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . …
Brief • July 3, 2013
Ali v. Taylor, 10th Cir, Order and Judgment, appeals segregation good time credit, 2013
Article • May 15, 2013 • from PLN May, 2013
Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term by The Iowa Supreme Court held on May 4, 2012 that earned-time credit for good behavior accelerates the completion of a ten-year special sentence but does not reduce a release revocation term. The Court further …
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