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Brief • September 1, 2017
Ybarra v. Filson, NV, Opinion, Habeas, Death Penalty, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT YBARRA, JR., Petitioner-Appellant, v. TIMOTHY FILSON, Warden, Respondent-Appellee. ROBERT YBARRA, JR., Petitioner-Appellant, v. TIMOTHY FILSON, Warden; ADAM PAUL LAXALT, Nevada Attorney General, Respondents-Appellees. No. 13-17326 D.C. No. 3:00-cv-00233GMN-VPC No. …
Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder …
Article • August 31, 2017
Filed under: Mandamus, Parole
Denial of Parole No Basis for Writ of Mandamus in Arkansas by Dale Chappell by Dale Chappell A petitioner’s claim that his rights were violated when he was denied parole is no basis for a writ of mandamus, the Arkansas Supreme Court held on August 3, 2017. Anthony Warren filed …
Article • August 31, 2017
Filed under: Parole
Constitutional Claim Required to Trigger Judicial Review Under Arkansas Administrative Procedure Act by Dale Chappell by Dale Chappell A petitioner must state a colorable constitutional claim to trigger entitlement to judicial review under the Arkansas Administrative Procedure Act (APA), the Arkansas Supreme Court held on August 3, 2017. Jeremy Kennedy …
Article • August 30, 2017 • from PLN September, 2017
Denver Man, Accused of Rape Due to Mishandled DNA, Has Lawsuit Dismissed by Derek Gilna by Derek Gilna Shawnnon Hale, 24, wrongful accused of felony rape and jailed for 61 days, was released from custody in Denver, Colorado in early 2015 when the police crime lab acknowledged it had mislabeled …
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., …
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