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Article • May 15, 2007
No Parole Violation for Working with Ex-Prisoners by The U.S. Supreme Court held that a parolee's work at a business that employed other ex-convicts did not provide "satisfactory evidence" of a parole violation. After his parole was revoked, a federal prisoner filed a writ of habeas corpus which was denied …
Article • May 15, 2007
Filed under: Sentencing, Parole
Colorado DOC Miscalculates Parole Eligibility Date by The Colorado Court of Appeals has found that the Department of Corrections (DOC) miscalculated a prisoner's sentence reduction credits for crimes committed before the 1979 change in law. Ronald Vashone-Caruso, in his fourth decade of a 94 years-to¬-life sentence, sought a declaratory judgment …
Article • May 15, 2007
Ohio Affords Right To Be Represented In Parole Hearings by The United States District Court for the Southern District of Ohio held, among other things, that issues of fact--whether the Ohio Parole Authority's failure to notify a state prisoner or his attorney of the date of a parole hearing violated …
Article • May 15, 2007
New Jersey Supreme Court Orders Parole, Halfway House Placement by The Supreme Court of New Jersey ordered a prisoner to be released on parole after satisfactory completion of 12 months in a halfway house. Thomas Trantino, a New Jersey state prisoner, was convicted of murdering a police officer in 1963. …
Article • May 15, 2007
Filed under: Sentencing, Parole
Short-Term Sentence Extension Without Final Parole Revocation Hearing Unconstitutional by Short-Term Sentence Extension Without Final Parole Revocation Hearing Unconstitutional The Second Circuit Court of Appeals held that extending a parolee's sentence as the result of a charged parole violation without according a final due process hearing on that violation when …
Article • May 15, 2007
$1,500 For Illegally Extending Term of Community Supervision by On May 8, 1992, Raymond Mullins was sentenced to one year of community placement for a felony conviction and to one year of probation for a misdemeanor conviction. These sentences were imposed concurrently. On July 30, 1992, Mr. Mullins' probation was …
Article • May 15, 2007
$7,000 For 20 Days Of Unlawful Imprisonment by Robert Bergen was serving a ten-year prison sentence for assault and indecent liberties. His good time release date was scheduled as February 18, 1981. Five months prior to this date, Mr. Bergen received a prison disciplinary infraction. He was found not guilty …
Article • May 15, 2007
Failure to Notify Warrants New Parole Hearing for Washington Prisoner by On December 27, 2004, a Washington appeals court granted a prisoner's personal restraint petition in which he alleged that the Sentencing Review Board (SRB) failed to provide him with proper notification of his parole revocation hearing. Rudolph Renfro was …
Article • May 15, 2007
Filed under: Classification, Parole
MO Prisoner's 1983 Action to Correct Parole Record Dismissed as Frivolous by John Quincy Adams, a Missouri state prisoner, was denied parole based on records stating that he was an alcoholic. He filed suit in a federal district court under 42 U.S.C. § 1983, seeking correction to his parole record …
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program …
Article • May 15, 2007
Kansas Parolee-Supervision-Fee Upheld by Jospeph Jacklovich, a Kansas state parolee, challenged a $25 per month parolee-supervision-fee, implemented after his crimes were committed, in state court. His claim was that the fee increased the punishment for his crimes retrospectively, thus violated the ban on ex post facto laws. The trial court …
Suitable Residence Parole Condition Rational in NY by The Appellate Division of the New York Supreme Court affirmed a decision to the New York State Division of Parole denying release to a convicted child molester. James Billups was convicted of raping his young daughter and sentenced to a term of …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
Article • May 15, 2007
Filed under: Damages, Sentencing, Parole
Pro Se Parole Suit for Damages Dismissed by The plaintiff claimed that he was held in prison too long. The parole agent defendant is granted summary judgment. At 613: ". . . [T]he law does not impose damages liability for a Section 1983 violation on an individual acting in her …
Article • May 15, 2007
WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution by WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution Richard Grennier, a Wisconsin state prisoner, killed a teenage hitchhiker and raped and mutilated her body in 1973. He's been in prison ever …
Article • May 15, 2007
Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances by Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances Tony Hodges, a federal parolee, was summoned to a federal district court for …
Article • May 15, 2007
Parole Rule Ex Post Facto That Changes Revocation Standard by Application of a parole regulation that postdated the petitioner's offense and created a "significant risk of a more onerous sentence" violates the Ex Post Facto Clause. It need not be certain that the particular petitioner would serve more time. Here, …
Article • April 15, 2007 • from PLN April, 2007
Filed under: Reviews, Sentencing, Parole
Does Parole Work? Apparently Not. by More than 774,000 men and women were on some form of community supervision in 2003, up 74.5 percent from 197,000 in 1980. According to a March 2005 study of the Urban Institute, however, ?parole supervision has little effect on re-arrest rates of released prisoners?. …
Article • March 15, 2007 • from PLN March, 2007
Ninth Circuit: California Lifers Have A Liberty Interest In Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals crushed a determined attempt by the California Board of Prison Terms (BPT-- now called the Board of Parole Hearings) to transmogrify the California Supreme Court?s decision in In re Dannenberg, …
California Inspector General Assesses DOC’s Compliance With Past Audit Recommendations by John Dannenberg California Inspector General Assesses DOC's Compliance With Past Audit Recommendations by John E. Dannenberg California's Inspector General (IG), Matthew Cate, who has oversight responsibility over the California Department of Corrections and Rehabilitation (CDCR), issued an exhaustive 363 …
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