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Article • August 30, 2017 • from PLN September, 2017
Filed under: Parole, Parole Conditions
Oregon Parole Board Must Define Applicable Statutory Terms by The Oregon Court of Appeals has held that a prisoner was improperly denied an early parole consideration hearing when the Board of Parole and Post-Prison Supervision (Board) failed to define “reasonable cause” before applying that statutory term. In 1986, George W. …
Article • August 30, 2017 • from PLN September, 2017
Oregon Prosecutors and Cops Bully Parole Board into Improperly Rescinding Parole; Court Orders Release by The Oregon Court of Appeals held last year that a prisoner’s release date had been improperly rescinded due to a public outcry, contrary to state law. Oregon prisoner Sidney Dean Porter was sentenced to life …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Probation
HOPE and SCF Probation Programs Criticized in Study by Derek Gilna Although incarceration levels in the U.S. have receded slightly this decade – to around 2.2 million people in 2016, according to the Prison Policy Initiative – the number of offenders on some form of probation or community supervision has …
Article • August 30, 2017 • from PLN September, 2017
Utah Supreme Court Reverses Termination of Prisoner’s Parental Rights by On December 6, 2016, the Supreme Court of Utah reversed the termination of a prisoner’s parental rights because the juvenile court had interpreted a state statute as prohibiting the appointment of counsel for the prisoner. C.B.S. is a Utah prisoner …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Bail, Qualified Immunity
Ninth Circuit: Courtroom Deputy Entitled to Qualified, Not Absolute, Immunity by The Ninth Circuit has held that a courtroom deputy was not entitled to absolute immunity for shoving a bail enforcement agent from a courtroom. The appellate court also found, however, that the deputy was entitled to qualified immunity. Nevada …
Article • August 30, 2017 • from PLN September, 2017
Exonerated Man Receives $6 Million in Malicious Prosecution Settlement by Christopher Zoukis by Christopher Zoukis Derrick Deacon spent more than 24 years in prison for a murder he did not commit. After having his conviction thrown out by an appeals court and being found not guilty in a subsequent retrial, …
Sangster v. City of Chicago, IL, Complaint, False Arrest, 2017 Case: 1:17-cv-06291 Document #: 1 Filed: 08/30/17 Page 1 of 8 PageID #:1 UNITED​ ​STATES​ ​DISTRICT​ ​COURT FOR​ ​THE​ ​NORTHERN​ ​DISTRICT​ ​OF​ ​ILLINOIS EASTERN​ ​DIVISION JULIUS​ ​SANGSTER, ) ) ) )​ ​ ​ ​ ​ ​ ​ ​ ​ ​No. …
Publication • August 30, 2017
Statement on the Future of Community Corrections, 2017 Statement on the Future of Community Corrections Monday, August 28, 2017 Over the past 25 years, community corrections (probation and parole) caseloads have grown exponentially, exceeding 5 million people at their peak, double the number of people in prison and jail in …
Article • August 29, 2017 • from PLN September, 2017
Brennan Center Asks: “How Many Americans Are Unnecessarily Incarcerated?” by Derek Gilna by Derek Gilna After three years of research, the highly-respected, non-partisan Brennan Center for Justice at New York University’s School of Law published an extensive report in December 2016 which concluded that while “mass incarceration has emerged as …
Article • August 29, 2017 • from PLN September, 2017
Filed under: Habeas Corpus
California Damage Suit Improperly Treated as Habeas Petition by The California Court of Appeal, Third Appellate District, reversed a lower court’s orders treating a prisoner’s damages action as a habeas corpus petition and then denying relief. California prisoner Ernest L. Cox filed a civil suit in state court against various …
Article • August 29, 2017 • from PLN September, 2017
New York Parole Board Repeatedly Held in Contempt; One Case Reversed on Appeal by In May 2016, the New York Supreme Court in Dutchess County held the State Parole Board (the Board) in contempt for failing to follow a court order governing a parole review. New York state prisoner John …
Brief • August 28, 2017
Strong v. Tessmann, IL, Settlement, Wrongful Conviction, 2017 Resolution 17 - A RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF THE LITIGATION ENTITLED JASON STRONG V. TESSMANN ET AL. CASE NO. 16 CV 4885 WHEREAS, the Village of Barrington Hills (hereinafter the “Village”) is a named …
Article • August 24, 2017
Notice of Sex Offense Admission Requirement Not Required to Find Florida Probationer Violated Treatment by David Reutter by David Reutter The Florida Supreme Court held a defendant may be found guilty of violating probation for failing to admit to engaging in sexually deviant behavior during a sex offender program. Warren …
Article • August 22, 2017
Filed under: Parole Conditions
Oregon Probation Improperly Revoked for "Action Plan" Violations by Mark Wilson by Mark Wilson The Oregon Court of Appeals vacated a probation revocation judgment, finding that the court improperly revoked for the violation of a special condition that was not imposed by the court. Valora Rivera-Waddle pleaded guilty to assaulting …
Brief • August 22, 2017
McHenry v. State of Michigan, MI, Judgment, Wrongful Imprisonment, 2017 STATE OF MICHIGAN COURT OF CLAIMS 2f117 fiUG 22 PH 2: IS MARWIN McHENRY, Plaintiff, No. 17-144-MZ v HON. MICHAEL J. TALBOT STATE OF MICHIGAN, Defendant. Wolfgang Mueller (P43728) Mueller Law Firm Attorneys for Plaintiff 3440n W. Twelve Mile Rd., …
Article • August 21, 2017
Filed under: Sentencing, Juveniles
Louisiana Supreme Court Invalidates Juvenile's 99-Year Sentence under Graham v. Florida and Orders Parole Eligibility by Lonnie Burton by Lonnie Burton In 2010, the U.S. Supreme Court held in Graham v. Florida, 560 U.S. 48, that life sentences without parole for non-homicide juveniles constituted cruel and unusual punishment. On October …
Brief • August 21, 2017
McHenry v. State of Michigan, MI, Complaint, Wrongful Imprisonment, 2017 Original - Court 1st copy - Defendant Approved, SCAO 2nd copy - Plaintiff 3rd copy - Return STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT Court of Claims JUDICIAL CIRCUIT COUNTY PROBATE Court address S~MM~ONS 'AND COMPLAINT "I"! I Lu: 925 …
Brief • August 18, 2017
Carter v. State of Michigan, MI, Judgment, Wrongful Imprisonment, 2017 .· STATE OF MICHIGAN IN THE COURT OF CLAIMS EDWARD GEORGE CARTER, Plaintiff, v Case No. 17-90-MZ HON. Michael J. Talbot STA TE OF MICHIGAN, Defendant. GEOFFREY N. FIEGER (P30441) SIMA G. PATEL (P69541) Attorneys for Plaintiff Fieger, Fieger, Kenney …
Brief • August 14, 2017
Gasga v. Precythe, MO, Class Action Complaint, Parole, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI STEPHANIE GASGA, MILDRED CURREN, ) TIMOTHY GALLAGHER, KENNETH HEMPHILL, ) JESSE NEELY and AMBER WYSE, ) ) on behalf of themselves and all similarly ) situated individuals, ) ) …
Article • August 7, 2017
Filed under: Wrongful Imprisonment
IN Woman Settles Wrongful Arrest Lawsuit by Joe Watson by Joe Watson Anna Michelle Young, who was wrongfully arrested and incarcerated two days after Christmas in 2003 in Hancock County, Ind., agreed to settle her suit against Sheriff Nicholas Gulling, et al, in August 2008 for unspecified damages. The Hancock …
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