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Article • December 15, 2003
Filed under: Sentencing, Parole
False Information in Parole File May Violate Due Process by The use of false information in a parole file can be a due process violation, but such a claim cannot be conclusory and must specify the false information. A reduction in the frequency of parole consideration for persons with life …
Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John E. Dannenberg The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics Anonymous (NA) …
Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral by John E Dannenberg by John E. Dannenberg California's $5.3 billion prison spending plan was shaved only a miniscule $35 million in the August 2, 2003 $100 billion annual state budget - a "budget" that is admittedly $38.2 billion out of balance …
Article • November 15, 2003 • from PLN November, 2003
Filed under: Sentencing, Parole
Kansas Prisoners Denied Credit for Time on Parole by The Kansas Supreme Court ruled that parolees sentenced for crimes committed while on parole cannot have the time on parole deducted from their new sentence pursuant to KSA § 21-4608 et seq and amendments thereto. In Kansas, crimes committed while on …
Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim by The Washington State Supreme Court upheld a trial court's judgment for the State in a negligent parole supervision case, brought by a woman who was abducted and raped by a paroled sex offender. In 1993, Byron Schref was paroled …
Article • August 15, 2003 • from PLN August, 2003
Probation and Parole Populations Continued to Rise in 2001 by According to the Bureau of Justice Statistics (BJS), in a bulletin released in August 2002, the total number of adult women and men under some form of correctional supervision --jail, prison, probation, or parole rose to 6,592,800 by the end …
Article • July 15, 2003 • from PLN July, 2003
California Governor Has Carte Blanche in Denying Lifer Paroles by Marvin Mentor The California Supreme Court ruled that the governor has almost unlimited power to reverse a decision of the parole board (Board of Prison Terms ("BPT")) and that his decision may be reviewed by a court only to see …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Article • July 15, 2003 • from PLN July, 2003
Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing by The Washington Supreme Court recently reaffirmed its well-settled rule that parolees need not establish prejudice when challenging the Indeterminate Sentence Review Board's ("ISRB") parole decisions based on procedural violations. Because the Court of Appeals erroneously required a showing …
Article • July 15, 2003 • from PLN July, 2003
Joinder of Georgia Annual Parole Hearing Injunction is Rejected by The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration hearings. James …
Article • June 15, 2003 • from PLN June, 2003
No Termination of Special Parole Upon Deportation by No Termination of Special Parole Upon Deportation In a case of first impression, the Second Circuit Court of Appeals has held that a term of special parole does not terminate upon the parolee being deported to his home country. Antonio Cuero-Flores appealed …
The Shame of Prison Health by Sasha Abramsky A report is sitting at the Justice Department, unpublished. It has been there for three years. Titled The Health Status of Soon-to-be-Released Inmates, it was compiled by experts who sat on three panels: one on communicable diseases, one on chronic diseases and …
Article • May 15, 2003 • from PLN May, 2003
Texas Parole Officer Hires Parolee for Murder by Gary Hunter In May 2002, Texas Parole Officer Connie Lynn Stones pleaded guilty to charges of solicitation of capital murder after police recorded her trying to hire a hit-man to kill her lover's girlfriend. Stone was in love with Brett Williams, who …
Article • May 15, 2003 • from PLN May, 2003
Erroneously Released Texas Prisoner Has Right to Street Calendar Time by by Matthew T. Clarke The Fifth Circuit Court of Appeals held that a Texas prisoner erroneously released on mandatory supervision has a right to calendar time spent on the streetbut not any potential good conduct timefollowing revocation. Fernando Thompson, …
Article • May 15, 2003 • from PLN May, 2003
Filed under: Sentencing, Parole
Ohio Supreme Court Orders Changes in Parole Board Procedures by Robert Woodman On December 18, 2002, in a 6-1 decision, the Ohio Supreme Court ordered a fundamental change in the way the Ohio Adult Parole Board, a division of the Adult Parole Authority (APA), makes parole determinations. The decision may …
Article • April 15, 2003 • from PLN April, 2003
Filed under: Sentencing, Parole
Delay in MAP Implementation Violates Washington Law by The Washington State Court of Appeals held that the Washington parole board (Board) violated statutes and its own procedures by imposing a Mutual Agreement Program (MAP) with no time frame. The court also held that the Board must clarify a prisoner's right …
Article • April 15, 2003 • from PLN April, 2003
Filed under: Sentencing, Parole
Georgia Parole Board's "90% Policy" Ruled Ex Post Facto by Georgia Parole Board's "90% Policy" Ruled Ex Post Facto by John E. Dannenberg The United States District Court (N.D. Ga.) held that the retroactive application by the Georgia Board of Pardons and Paroles ("Board") of its 1998 policy revision requiring …
Georgia Parole Corruption Deepens by Gary Hunter A trail of corruption, greed, and cronyism has led to the indictment of a Georgia senator, the dismissal of an assistant attorney general and the resignation of six parole board members including the director and the chairman. Van Streat was suspended from his …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
Article • March 15, 2003 • from PLN March, 2003
California Parole Official Demoted by The vice chairman of the California parole board, Jones Moore, was recently demoted after board Chairwoman Carol Daly received what she termed "an unacceptable number of complaints" about Moore's behavior from numerous attorneys representing prisoners at their parole hearings. In an August 27, 2002, letter …
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