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Article • April 15, 2005 • from PLN April, 2005
No Miranda Error During FBI Office Interrogation Where Parolee Knew He Was Free To Leave by by John E. Dannenberg An en banc panel of the Ninth Circuit U.S. Court of Appeals held that no Miranda violation occurred in failing to suppress an interrogee's statement taken in the office of …
California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful by California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful by Marvin Mentor Culminating a multi-year crescendo of criticism leveled at California's Corrections system from frustrated legislative, judicial and executive leaders, the Corrections Independent Review Panel (CIRP) recently tasked by Governor …
Article • March 15, 2005 • from PLN March, 2005
Harsher Oregon Parole Statute Cannot Be Applied Retroactively by by John E. Dannenberg A divided panel of the Ninth Circuit U.S. Court of Appeals ruled that Oregon's Revised Statute § 144.125(3)(a) (1993) was an ex post facto law as applied to denying parole to an Oregon prisoner whose crime predated …
Article • March 15, 2005 • from PLN March, 2005
Washington Community Custody Sanctions Upheld by The Washington State Court of Appeals for Division 2 has affirmed a trial court's imposition of sanctions for community custody violations, for which the State Department of Corrections (DOC) had previously sanctioned Michael David Collins. In January 2002, Collins was convicted of assault with …
Article • March 15, 2005 • from PLN March, 2005
$78,435 in Attorney Fees for Successful Challenge to Pennsylvania's Megan's Law by by Matthew T. Clarke A federal court in Pennsylvania has awarded the plaintiff's attorneys $78,435 in attorney fees and costs in an action that challenged the application of the community notification provision-of Pennsylvania's Registration of Sex Offenders Act …
Article • March 15, 2005 • from PLN March, 2005
Idaho Prisoner States Valid Retaliation Claim Against Parole Commission by Idaho Prisoner States Valid Retaliation Claim Against Parole Commission The Idaho Court of Appeals held that material fact issues regarding a prisoner's claim that he was retaliated against because of his litigious activities precluded summary judgment of his lawsuit against …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Sentencing, Parole
Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies by The Ninth Circuit Court of Appeals held that the imposition of a longer sentence imposed on remand after a successful appeal of an order of the Oregon Parole Board (Board) was presumptively vindictive and the Board failed …
Article • February 15, 2005 • from PLN February, 2005
AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E Dannenberg AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that for 28 U.S.C. § 2254 habeas corpus filing-deadline purposes, the AEDPA one-year filing …
Article • January 15, 2005 • from PLN January, 2005
DNA Profiling of Conditionally Released Federal Offenders Upheld by John E Dannenberg DNA Profiling Of Conditionally Released Federal Offenders Upheld by John E. Dannenberg A sharply divided en banc Ninth Circuit U.S. Court of Appeals held that the United States does not violate the Fourth Amendment when it requires "DNA …
Article • January 15, 2005 • from PLN January, 2005
Filed under: Sentencing, Parole
Washington ISRB Departure From Standard Sentencing Range Upheld by Washington ISRB Departure from Standard Sentencing Range Upheld The Washington Supreme Court has affirmed the State Indeterminate Sentence Review Board's (ISRB) extension of a sex offender's sentence beyond the standard range under the state's Sentencing Reform Act (SRA). Chapter 9.94A RCW. …
Article • December 15, 2004 • from PLN December, 2004
California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot by John E Dannenberg by John E. Dannenberg The California Court of Appeals held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a …
Article • December 15, 2004 • from PLN December, 2004
Filed under: Sentencing, Parole
California Parole Board Must Vacate Parole Denial And Give Lifer New Hearing by John E Dannenberg by John E. Dannenberg The California Court of Appeals ordered the Board of Prison Terms (BPT) to vacate its decision denying parole and give a murderer a new parole hearing wherein it shall consider …
Article • November 15, 2004 • from PLN November, 2004
PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award by David Reutter The Eleventh Circuit Court held the attorney fee cap of the Prison Litigation Reform Act (PLRA) applies to parole cases and is constitutional and allows a fees-on-fees award. Georgia prisoner Coleman Jackson filed a joint motion …
Article • November 15, 2004 • from PLN November, 2004
Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time" by by Matthew T. Clarke The Texas Court of Criminal Appeals has recently clarified the meaning of the recent statute allowing the award of parole "street time" credits for prisoners convicted of non-violent crimes. Lucian Lee Spann and Andrew Michael …
Article • September 15, 2004 • from PLN September, 2004
Former Ohio Parole Chief, Parole Attorney Alliance Raises Ethical Concerns by Michael Rigby A business partnership between former head of the Ohio Parole Board, Margarette Ghee, and Ohio prisoner-turned-parole attorney, Derek Farmer, has raised ethical concerns in the legal and criminal justice communities. After serving 18 years on a 1974 …
FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled by The Ninth Circuit Court of Appeals has held that a civil action under the Federal Tort Claims Act (FICA) for negligently calculating a federal prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until …
Article • September 15, 2004 • from PLN September, 2004
Filed under: Sentencing, Good Time, Parole
Texas Prisoners Have Right to Specific Notice of Mandatory Supervision Hearing by by Matthew T. Clarke On May 19, 2004, the Texas Court of Criminal Appeals (CCA) issued a revised opinion holding that a prisoner being considered for denial of mandatory supervision release has the right to specific notice of …
Idaho Incompetence Delays Prisoners' Release, Taxpayers Foot The Bill by Michael Rigby Idaho prisoners check in but they don't check outand it's costing taxpayers thousands. That's the criticism being hurled at the Idaho parole commission and the state Department of Corrections (DOC) for unnecessarily holding prisoners past their approved parole …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Sentencing, Parole
Washington Court Establishes Procedures for Community Placement Violation Hearings by Washington Court Establishes Procedures for Community Placement Violation Hearings In two recent decisions, Division One of the Washington Court of Appeals set forth the procedures that trial courts must follow when conducting sentence modification hearings. A sentence modification hearing is …
Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation by Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation The Third Circuit Court of Appeals held that prison officials' testimony in the prosecution of a prisoner was inadmissible hearsay and that it …
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