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Article • August 15, 2004 • from PLN August, 2004
California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought …
Article • July 15, 2004 • from PLN July, 2004
BJS Looks at Probation, Parole in 2002 by By the end of 2002, more than 6.7 million adults were incarcerated, on probation, or parole. This amounts to 3.1% of all adults in the United States, or about 1 in every 32 U.S. adults under correctional supervision. This is according to …
Article • July 15, 2004 • from PLN July, 2004
Challenge to State Parole Revocations Must Be Brought Under § 2254 by Challenge to State Parole Revocations Must be Brought Under § 2254 The Second Circuit Court of Appeals held that state prisoners challenging parole revocation decisions in federal court must do so under 28 U.S.C. § 2254, rather than …
Article • June 15, 2004 • from PLN June, 2004
California's Proposition 36 Parole Violator Drug Treatment Program Covers Probation Violators by John E Dannenberg by John E. Dannenberg The California Court of Appeal judicially extended the reach of California's parole violator alternative drug treatment program, Proposition (Prop.) 36 (Nov. 7, 2000, codified at Penal Code §§ 1210, 1210.1, 3063.1) …
Article • June 15, 2004 • from PLN June, 2004
Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release on Parole by John E Dannenberg Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release On Parole by John E. Dannenberg The US District Court (E.D. Pa.) held that a 1996 amendment to the Pennsylvania …
Article • June 15, 2004 • from PLN June, 2004
Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E Dannenberg Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court, E.D. Calif. denial of a California state lifer's federal habeas …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Capello Decision Remains Good Law by The Washington Court of Appeals, Division I, held that the Legislature exceeded its authority when it attempted to statutorily overrule the appellate court's decision in In re Personal Restraint of Capello, 106 Wn. App. 576, 24 P.3d 1074, review denied, 145 Wn.2d 1006 (2001). …
Injunctive Relief Granted for Parole Rescission Based on Free Speech by Injunctive Relief Granted for Parole Rescission Based on Free Speech U.S. District Judge Joseph E. Irenas of New Jersey recently granted Edward Forchion's request for a preliminary injunction reinstating him to New Jersey's Intensive Supervised Parole (ISP) pending trial …
Article • June 15, 2004 • from PLN June, 2004
Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams The United States District Court for the District of Columbia has approved a Consent Decree correcting unconstitutional parole revocation procedures of the United States Parole Commission …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Notice Required in Texas Parole Date Rescission by Notice Required in Texas Parole Date Rescission In an en banc opinion, the Texas Court of Criminal Appeals has held that the parole board must provide a prisoner prior notice of a hearing before reconsidering its decision to grant the prisoner mandatory …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Sentencing, Parole
California's New Governor Must Reconsider Former Governor's Parole Reversal by John E Dannenberg by John E. Dannenberg The California Court of Appeal found that former Governor Davis's reversal of the grant of parole for a second degree murderer was not wholly supported by "some evidence," and returned the case for …
Article • April 15, 2004 • from PLN April, 2004
Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal by Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal A federal district court for the District of Columbia has held that a parolee cannot be violated for activity alleged in a supplemental warrant filed after expiration of the original sentence. …
Article • April 15, 2004 • from PLN April, 2004
California Parole Violators' Due Process Rights Upheld in Settlement by California Parole Violators' Due Process Rights Upheld in Settlement In a November 17, 2003 Stipulated Or-der for Permanent Injunctive Relief (PI), defendant California prison officials settled a nine-year old federal class action suit brought by parolees whose due process rights …
Article • April 15, 2004 • from PLN April, 2004
Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983 by Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983; U.S. Supreme Court Grants Review Bringing itself into line with its sister circuits, the en banc U.S. Sixth Circuit Court of Appeals held that Ohio prisoners may challenge parole …
Disarray in Colorado: Prisoners Hurt by Host of Problems by Bob Williams Society is dynamic, in a state of con-stant flux where change is the only constant, but recent changes in Colorado are turning up the pressure in Colorado's prison system. Prisoner pay has been nearly eliminated while hygiene items …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Invisible Punishment: The Collateral Consequences of Mass Imprisonment by Silja JA Talvi Edited by Marc Mauer and Meda Chesney-Lind, The New Press, 2002, 368 pgs. Review by Silja J.A. Talvi Mass imprisonment, according to criminal justice experts Marc Mauer and Meda Chesney-Lind, is the direct outgrowth of social and legal …
Article • January 15, 2004 • from PLN January, 2004
U.S. Parole Law Amendment Ruled Ex Post Facto as Applied by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals ruled that a 1987 change to the U.S. Sentencing Reform Act (SRA) (18 U.S.C. § 4206(c)) that allowed for parole eligibility to be extended beyond …
Article • January 15, 2004 • from PLN January, 2004
Successive Petition Habeas Rule in Parole and Disciplinary Cases by Successive Petition Habeas Rule in Parole and Disciplinary Cases The Seventh and Ninth U.S. Circuit Courts of Appeal, in unrelated cases, have construed and applied the "second or successive petition" rule of 28 U.S.C. § 2244(b). The rule requires that …
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Matthew T. Clarke The Fifth Circuit court of appeals has held that prisoners whose mandatory release dates are adversely affected by a change in …
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