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Article • May 15, 2007
Heck Rule Fails to Prevent Parolee From Filing Under § 1983 by Heck Rule Fails to Prevent Parolee From Filing Under § 1983 The Northern District Court of Illinois determined that the Heck rule does not prevent a state parolee from proceeding with a civil action under 42 U.S.C. § …
Article • May 15, 2007
Texas Parole Revocation Must be Challenged Via Habeas by The Fifth Circuit Court of Appeals affirmed a district court's order dismissing a Texas prisoner's 42 U.S.C. § 1983 action alleging claims against the Texas Board of Pardons and Parole, its director, and the Governor for illegal detention of the prisoner. …
Article • May 15, 2007
Early Release Prospect Does Not Transform § 1983 into § 2254 by Early Release Prospect Does Not Transform § 1983 into § 2254 The Third Circuit Court of Appeals determined that a state prisoner's success in a litigation that might increase chances for the prisoner's early release does not transform …
Article • May 15, 2007
Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine by Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine The Delaware Supreme Court, sitting En Banc, held that its decision in Crosby v. State, …
Article • May 15, 2007
No Due Process For Discretionary Parole Hearings by The U.S. Supreme Court ruled that Nebraska parole procedures were constitutional. Nebraska prisoners filed a § 1983 class action suit against the state parole board after they were denied parole. The prisoners alleged that the parole board did not meet procedural due …
Article • May 15, 2007
IAD Not Violated; "Law of the Case" Controls by IAD Not Violated; "Law of the Case" Controls The U.S. Sixth Circuit Court of Appeals held that a prisoner's incarceration in a county jail on parole violations while also awaiting trial on federal charges was not a "term of imprisonment" under …
Article • May 15, 2007
Holding Prisoner Beyond Release Date Violates Due Process by A Louisiana Federal District Court has denied qualified immunity to officials of the Louisiana Department of Corrections (DOC), whose actions in calculating a prisoner's release date kept the prisoner past the date he should have been released. All parties were denied …
Article • May 15, 2007
California Lifer Parole Rescission Upheld On One of Five Grounds Alleged by The California Court of Appeal held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a life prisoner's unexecuted grant of parole was properly determined by the Board, and thus …
Article • May 15, 2007
Oregon Court of Appeals Grants Judicial Review of Parole Decision by In this case involving the state parole board's decision to defer a prisoner's release on parole, the Oregon Court of Appeals held that the prisoner presented at least two substantial questions of law and could therefore proceed on judicial …
Article • May 15, 2007
Filed under: Sentencing, Parole
Post-sentence Report Adequate Where Pre-sentence Report Unavailable by The U.S. Seventh Circuit Court of Appeals held that a post-sentence report was an adequate substitute for a pre-sentence report where the latter was unavailable. Kendall Warner was convicted in 1985 of sending threatening communications through the mail, 18 U.S.C. §876, ¶ …
Article • May 15, 2007
Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing by Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing Alabama state prisoner William Sullivan filed a civil lawsuit in state court against William Smith and Karen Smith for slander, perjury and obstruction of government …
Article • May 15, 2007
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
Article • May 15, 2007
Parole Claim Moot after Release from Supervision by The United States Supreme Court held that a prisoner's full release from parole supervision rendered his procedural due process claims moot. In this decision, the Court describe the elements of the "capable of repetition, yet evading review" exception to the doctrine of …
Article • May 15, 2007
WA State Owes No Duty to Ensure That Foster Kids Don't Harm the General Public by Aba Sheikh sustained injuries when he was beaten by four teenagers in a Seattle parking lot in March of 1999. The teenagers were in state-imposed foster care at the time. Sheikh obtained a judgment …
Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
Article • May 15, 2007
Filed under: Sentencing, Parole
No Liberty Interest in NY Parole Laws by There is no liberty interest in the possibility of parole release in New York, since the statutes and regulations do not require parole unless specified conditions are found to exist. Nor do parole procedures violate the Ex Post Facto Clause, since that …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
Article • May 15, 2007
Filed under: Sentencing, Parole
Court Upholds Denial of Jail Credit to Parole Violator by The plaintiff, who was released on parole and returned to prison on a parole violation and then on new criminal charges arising from the same conduct, had 70 days added to his sentence by prison authorities based on their view …
Article • May 15, 2007
Ex Post Facto Parole Claim Can Be Brought Under § 1983 by The plaintiff challenged the retroactive application of new parole eligibility regulations under the Ex Post Facto Clause. That claim is not barred by Heck and Balisok since a challenge to eligibility rules does not "necessarily imply" the invalidity …
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