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Article • April 15, 2008 • from PLN April, 2008
Wrongful Death Following Alleged Mistaken Washington Jail Release Settles For $1,800,000 by On September 6, 2007, the City of Algona and King County, Washington, agreed to pay $1,800,000 to the estate of a man killed by a hit and run driver who was, according to the lawsuit, mistakenly released from …
Scandal Rocks Texas Youth Commission; Youths Molested by School Supervisors by Gary Hunter During the 2006 elections, Texas Attorney General Greg Abbott ran television ads touting the capture of the state's 500th Internet child predator. Shortly after elected lawmakers convened in 2007 they went to work on a bill that …
Article • May 15, 2007
Colorado: City Pays $240,000 to Victims of Serial Rapist by On January 30, 2006, the city of Aurora, Colorado, announced it would pay $240,000 to four women raped by a man they claimed should have been arrested months earlier. In November 2004, Brent J. Brents admitted to molesting an 8 …
Article • May 15, 2007
No Right to Wrongful Release Time Credit by A state prisoner who was erroneously released and, when returned to prison, was not credited with the time spent out of prison, was not denied substantive due process. See: Sanchez v. Warden, New Hampshire State Prison, 329 F.Supp.2d 200 (D.N.H. 2004).
Article • May 15, 2007
Government Estopped From Re-arresting Wrongfully Paroled Prisoner by The Ninth Circuit Court of Appeals held that the U.S. Government could not re-arrest and detain a parolee it had released despite the parolee being sentenced to a non-parolable sentence. The parolee was sentenced to 15 years for importing marijuana and engaging …
Article • April 15, 2007 • from PLN April, 2007
Early Release Debacle Prompts Nevada Prison Director’s Resignation by Matthew Clarke Early Release Debacle Prompts Nevada Prison Director's Resignation by Matthew T. Clarke Jackie Crawford, director of the Nevada state prison system since May 2000, announced her resignation from the $116,000-a-year position on September 15, 2005. The announcement cited health …
Michigan DOC Improperly Calculated Sentences and Released Prisoners; Officials Fired and Demoted by Gary Hunter Prisoner release procedures in the Michigan Department of Corrections (DOC) suffer from serious flaws, according to the Intake Processing Unit (IPU). The IPU undertook an audit and review of the way the DOC determined prisoner …
CCA Florida Jail Operations: An Experiment in Mismanagement by David Reutter by David M. Reutter After being in business for twenty-three years, one would think that Corrections Corporation of America (CCA) would have refined the art of running prisons and jails. Yet an examination of CCA's three jails in Florida …
Article • March 15, 2006 • from PLN March, 2006
$3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner by The New York Court of Claims awarded $3,621,632 to the estate of a woman who was raped and murdered by a prisoner who was mistakenly released early. The court also awarded $1,950,000 to another woman who was …
Article • August 15, 2005 • from PLN August, 2005
New York Senator Returned To Jail After Illegal Release by Michael Rigby By Michael Rigby Most people will accept that certain perks are available to a state’s top lawmakers. What is unacceptable, however, is that these perks often continue even after the public trust has been violated. The case of …
New York Appeals Court Upholds Former Senator’s Return To Rikers by The Appellate Division of the New York Supreme Court, First Department, has ordered former state senator Guy J. Velella and four others (the petitioners) back to jail. In reaching this decision the court found that the petitioners had been …
Article • May 15, 2004 • from PLN May, 2004
Washington Prisoners Get Credit for Time Spent at Liberty by The Washington State Supreme Court has held that prisoners mistakenly released early by the State Department of Corrections (DOC) are entitled to credit against their sentences for the time they spend out of custody. In so ruling, the state supreme …
Another Troubled North Carolina Jail by Michael Rigby Prisoner suicides, mistaken releases, jailers indicted for selling drugs and dispensing sex, prisoners caught with drugsall occurred at the Cumberland County Detention Center, a $36 million North Carolina jail, in the seven months following its February 2003 opening. On March 23, 2003, …
Article • May 15, 2003 • from PLN May, 2003
Erroneously Released Texas Prisoner Has Right to Street Calendar Time by by Matthew T. Clarke The Fifth Circuit Court of Appeals held that a Texas prisoner erroneously released on mandatory supervision has a right to calendar time spent on the streetbut not any potential good conduct timefollowing revocation. Fernando Thompson, …
Article • July 15, 2002 • from PLN July, 2002
Wrongly Paroled Texas Prisoner Entitled to Street Time by by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that a prisoner erroneously released on parole was entitled to credit on both of his consecutive sentences for his time spent on the street. Earnest Millard, a Texas …
Mistakenly Released Prisoners Have No Due Process Rights by The Court of Appeals for the Fourth Circuit has held that prisoners who were released on mandatory supervision then arrested as escaped prisoners and reincarcerated without a hearing had no right to due process. Vincent Henderson, Daryelle Rexrode, and John Calella, …
Article • March 15, 2000 • from PLN March, 2000
No Liberty Interest in Erroneous Parole Release by Paul Wright The Court of Appeals for the Fourth Circuit, sitting en banc, held that a North Carolina prisoner had no liberty interest in remaining free when he was erroneously paroled, lived a law abiding life, and was then reimprisoned two years …
Article • September 15, 1999 • from PLN September, 1999
Liberty Interest in Erroneous Parole Release by Ronald Young The court of-appeals for the Fourth circuit held that a parolee's interest in his continued liberty crystallized during his two years of successful parole, even though he had been released in error, requiring strict scrutiny of the State's intentional infringement of …
Article • August 15, 1998 • from PLN August, 1998
Sentence Runs During Wrongful Release by The Arizona supreme court held that when a prisoner is incorrectly released before his sentence expires the sentence continues to run and the offender is entitled to any good time credits he would have accrued had he remained in custody. The court also held …
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