Skip navigation

Search

215 results
Page 4 of 11. « Previous | 1 2 3 4 5 6 7 8 9 10 11 | Next »

Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Courts Find Ohio Adam Walsh Act Unconstitutional by Cuyahoga County Judge Ronald Suster held on May 9, 2008 that Ohio’s Adam Walsh Act violates the retroactivity clause of the Ohio Constitution and is an ex post facto law. Ohio has maintained a sex offender registry since 1963. The first substantial …
Article • October 15, 2008 • from PLN October, 2008
Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act by Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act On December 5, 2007, the U.S. District Court for the Western District of Missouri granted a motion for judgment of acquittal in a …
Article • October 15, 2008 • from PLN October, 2008
Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John Dannenberg Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan issued a declaratory judgment and remedial injunctive order granting new hearings to non-drug …
Article • September 15, 2008 • from PLN September, 2008
Sixth Circuit Upholds Dismissal of Challenge to Ohio Parole System by Matthew Clarke by Matt Clarke The Sixth Circuit court of appeals upheld the district court’s dismissal of a challenge to the Ohio parole system brought by Ohio attorney Norman Sirak. This is a civil rights action under 42 U.S.C. …
Article • August 15, 2008
Denial of Social Security for Prisoners Upheld by The statutorily mandated denial of social security retirement benefits to a person convicted of a felony and serving life without parole does not violate the Ex Post Facto Clause because it is not "punishment." The court applies Hudson v. United States (1997), …
Article • August 15, 2008
PLRA “Three Strikes” Rule Not Ex Post Facto by The PLRA three strikes provision does not violate the prohibition against Ex Post Facto laws (citing prior decision in Rivera v Allin) At 1193: The existence of "imminent danger of serious physical injury" is not to be assessed as of the …
Article • August 15, 2008
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke On July 13, 2006, the Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and …
Article • August 15, 2008
Collecting Reasonable Fees from Kansas Prisoners for Government Reimbursement Not Unconstitutional by Kansas state prisoner Michael Taylor appealed the dismissal of his 42 U.S.C. § 1983 action alleging various constitutional violations for the deduction of supervision fees from his prison account. The dismissal of his suit was affirmed. Taylor was …
Article • August 15, 2008 • from PLN August, 2008
Ohio DNA Specimen Law Ruled Not Retroactive by The Ohio Supreme Court held that a state law requiring convicted felons and some misdemeanants to provide DNA specimens could not be applied retroactively to offenders placed on supervised release before the law’s May 2005 effective date. On August 6, 2002, Craig …
Article • August 15, 2008
Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim by by Matthew T. Clarke On December 12, 2006, the Fifth Circuit Court of Appeals held that a prisoner’s lawsuit could not be dismissed for failing to list supporting …
Kansas DOC Restrictions on Thelema Religion Upheld by The plaintiff complained of restrictions on his religious practice as a follower of the First Hermetic Order of Thelema, a religion founded in 1904 by Aleister Crowley. Prison officials recognized the religion and arranged for a visit from Thelemic clergy from the …
Parole Denial for Lack of Sex Offender Treatment Upheld by The plaintiff, a convicted sex offender, was denied parole inter alia because he failed to participate in mental health counseling or sex offender treatment. Later he refused to agree to a program plan which would have remedied those lacks. Then …
Article • August 15, 2008
ID Prisoner's State Habeas Action Properly Dismissed Without Appointing Counsel by Kenneth Quinlan, an Idaho state prisoner, was sentenced to life on a 1973 murder conviction. He was paroled in 1985 and his parole was revoked in 1994. At the time of his conviction the parole board had to consider …
Article • July 15, 2008 • from PLN July, 2008
Change in Texas Parole Law May Be Ex Post Facto Violation by Matthew Clarke by Matthew T. Clarke The Fifth Circuit Court of Appeals has held that a change in Texas parole laws requiring a two-thirds majority vote of the entire board for certain prisoners may violate the Ex Post …
Article • July 15, 2008
South Carolina Prisoners' Furlough Eligibility Prior To 1993 Amendment Grand-fathered by South Carolina State Corrections and Parole entities appealed a judgment entitling prisoners within six months of release to participate in a furlough program. The program's eligibility requirements were changed by a 1993 statutory amendment. The court affirmed the judgment. …
Georgia’s Sex Offender Residency Restriction Unconstitutional; Work Restriction Approved by The Georgia Supreme Court has declared that a state law that prohibits registered sex offenders from residing or loitering at a location that is within 1,000 feet of any childcare facility, church, school or area where minors congregate (the “residency …
Article • April 15, 2008 • from PLN April, 2008
Pennsylvania Lifers' Commutation-Law Ex Post Facto Suit Remanded to Determine Standing by John Dannenberg by John D. Dannenberg In 1997, an amalgam of Pennsylvania prisoners, taxpayers and public interest groups sued the Pennsylvania Board of Pardons (Board) and top state officials in U.S. District Court, challenging restrictive 1997 amendments to …
Article • February 15, 2008
Cumulative Tightening of Michigan Lifers' Parole Eligibility Rules Held Ex Post Facto by John Dannenberg by John R. Dannenberg The U.S. District Court for the Eastern District of Michigan, Southern Division, has held that a decade of cumulative changes to parole eligibility regulations for Michigan's life-sentenced prisoners violated the U.S. …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
Page 4 of 11. « Previous | 1 2 3 4 5 6 7 8 9 10 11 | Next »