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Article • February 15, 2007 • from PLN February, 2007
1997 Changes in Pennsylvania Commutation Law Held Ex Post Facto by John Dannenberg by John E. Dannenberg The U.S. District Court for the Middle District of Pennsylvania held that a 1997 state ballot constitutional amendment, which modified Pennsylvania?s commutation laws to require a unanimous vote rather than a simple majority …
Article • February 15, 2007 • from PLN February, 2007
Filed under: Voting, Sentencing, Parole
Colorado Parolee’s Disenfranchisement Upheld by Colorado Parolee's Disenfranchisement Upheld The Colorado Supreme Court has held that a person on parole does not have a right to vote. That ruling came in an appeal filed by Pastor Michael Danielson after the District Court for the city and County of Denver dismissed …
Article • February 15, 2007 • from PLN February, 2007
Sixth Circuit Extends Abela Ruling to Parole Denial Habeas Petitions by The Sixth Circuit Court of Appeals has held that the 90-day period to apply for certiorari review to the U.S. Supreme Court tolls the one-year statute of limitations for habeas corpus actions challenging parole denial. In so holding, the …
California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired by John Dannenberg California's "High-Risk" Sex Offender Parolees Ostracized; Parole Official Fired by John E. Dannenberg California's 2,000 "high-risk" sex offenders (HRSOs) currently on parole are increasingly being ostracized following relentless publicity as to their whereabouts, forcing parole officials to continuously …
Article • January 15, 2007 • from PLN January, 2007
Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree by John Dannenberg by John E. Dannenberg The class of all Cook County, Illinois parole violators was granted a preliminary injunction by the U.S. District Court, Northern District, Eastern Division, ordering the Illinois Department of Corrections (IDOC) to conduct …
Article • January 15, 2007 • from PLN January, 2007
Filed under: Sentencing, Parole
California Lifer Hearing Backlog Increases Despite Court Order To Catch Up by Marvin Mentor The Marin County Superior Court, which had directed the California Board of Parole Hearings (Board) to take the necessary steps to cut its lifer hearing backlog in 2001 when it was 2,058 hearings behind (and would …
Article • December 15, 2006 • from PLN December, 2006
Texas Parole System Sick From Top to Bottom by Gary Hunter Texas Parole System Sick From Top to Bottom by Gary Hunter Parole in Texas has never been very reputable. During the 1920s and 30s Miriam Ma Ferguson, Texas first female governor, and her husband Pa Ferguson, who preceded his …
Article • December 15, 2006 • from PLN December, 2006
Filed under: Sentencing, Parole
NY Appellate Court Reverses Denial of Parole by John Dannenberg by John E. Dannenberg The Appellate Division (1st Dept.) of the New York Supreme Court granted a non-life prisoners article 78 petition challenging the Parole Boards denial of his parole that had been based upon the nature and seriousness of …
Article • November 15, 2006 • from PLN November, 2006
Filed under: Sentencing, Parole
New York Parole Rates Plunge Under Governor Patakis Policy by New York Parole Rates Plunge Under Governor Patakis Policy by John E. Dannenberg The administration of Governor George Pataki has dramatically cut parole release rates for violent felons, especially those with A-1 crimes (e.g., murder, attempted murder, kidnapping, arson). Where …
Article • October 15, 2006
New York: Resentencing After Completion of Sentence Barred by Double Jeopardy and Due Process by by Brandon Sample Double jeopardy and due process principles prevent a court from resentencing a defendant after completion of his sentence, even if the defendant’s original sentence was illegal and inured to the defendant’s benefit, …
Article • October 15, 2006 • from PLN October, 2006
WA Courts Cannot Extend Supervision Period for Sex Offenses Committed Before 1996 by In 1994, Jamie Wallin pled guilty to sex offenses in Washington state, committed between July 2, 1988 and January 8, 1990. He remained free on supervision until March of 1996, when he violated his probation and received …
Article • October 15, 2006 • from PLN October, 2006
Filed under: Sentencing, Parole
California Parole Board Squelches Life Prisoner Writs on Procedural Grounds by The California Court of Appeal, Sixth District (San Jose), granted the California Board of Prison Terms (BPT) petition for writ of mandate to prohibit a Santa Clara County superior court from appending an order from one unrelated life prisoner's …
Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Introduction1 For a number of years it seemed that rights …
Sexually Abused Texas Prisoner Loses Federal Lawsuit, Returns To Prison by Michael Rigby Roderick Keith Johnson, a prisoner who garnered national attention with allegations that Texas prison officials allowed him to be bought and sold as a sex slave, has lost his federal lawsuit against the Texas Department of Criminal …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N by John E Dannenberg Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful New Parole Hearings by John E. Dannenberg The Ohio State Court of Appeals, Tenth Appellate …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
Washington Courts Authority to Order Community Custody Limited by Washington Courts Authority to Order Community Custody Limited A Washington Appeals Court has held that an amended statute limits a trial courts ability to sentence criminal defendants to community custody in only specified offenses. The matter was on appeal after a …
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 …
Article • August 15, 2006 • from PLN August, 2006
California Valdivia Attorneys Awarded $6.5 Million For 12 Years Work by John E Dannenberg by John E. Dannenberg The attorneys who labored twelve years to overturn the California Department of Corrections and Rehabilitation's unconstitutional practice of snatching parolees off the streets and incarcerating them without due process of law [i.e., …
Article • August 15, 2006 • from PLN August, 2006
Texas State Representative Criticized For Helping Prisoners and Families by Matthew T. Clarke Texas Representative Terri Hodge has been taking heat for (gasp!) helping prisoners and their families, in other words--for doing her job. Hodge is accused of the following: (1) helping arrange rare face-to-face meetings between parole-eligible prisoners and …
Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a parolee who has never been convicted of a sex offense is entitled to a due process hearing prior to being required to …
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