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Article • November 15, 1998 • from PLN November, 1998
NC AG Opinions Reversed in Consecutive Sentence Servitude by Roger Grubb By Roger Grubb The North Carolina Court of Appeals handed North Carolina prisoners a long sought victory in how consecutive sentences are computed by the Department of Correction for purposes of determining parole eligibility. On August 5, 1997, the …
Article • November 15, 1998 • from PLN November, 1998
Successive Texas Habeas Corpus Defined by The Texas Court of Criminal Appeals has held that a state post-conviction petition for a writ of habeas corpus (petition) which does not challenge the prosecution or judgment does not count as a first petition for purposes of the state law restricting successive petitions, …
Article • November 15, 1998 • from PLN November, 1998
Texas May Not Retroactively Stop Mandatory Release by The Texas Court of Criminal Appeals has held that Texas cannot reinterpret a law to retroactively deny a state prisoner mandatory release. Randy Sullivan Schroeter, a Texas state prisoner, was convicted of indecency with a child (IWC) in 1994 and sentenced to …
Cases of Interest From the U.S. Supreme Court's 1997-98 Term by Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. …
U.S. Supreme Court Reverses Reed by In the July, 1998, issue of PLN we reported Reed v. State Ex Rel Ortiz , 947 P.2d 86 (NM 1997) where the New Mexico state supreme court affirmed a lower court ruling that granted asylum to former prison activist Timothy "Little Rock" Reed. …
Article • August 15, 1998 • from PLN August, 1998
PLRA Fees Don't Apply to Mandamus by The court of appeals for the tenth circuit held "that this circuit will no longer require mandatory fees under the PLRA for filing petitions for writs of mandamus seeking to compel district courts to hear and decide actions brought solely under 28 U.S.C. …
New Mexico S.Ct Grants Asylum to Little Rock Reed by Timothy Reed, better known as Little Rock Reed, fled from Ohio parole authorities in 1993, ending up in new Mexico. Ohio filed extradition papers with New Mexico authorities, expecting Reed to be apprehended and returned to their custody. The New …
Article • June 15, 1998 • from PLN June, 1998
Michigan's Parole Amendments Constitutional by The court of appeals for the Sixth Circuit held that the 1992 amendments to Michigan's parole laws, that postpone initial mandatory review hearings for certain state prisoners and reduce the frequency of subsequent mandatory parole hearings, do not violate the Ex Post Facto Clause of …
Article • June 15, 1998 • from PLN June, 1998
Parolee Must Receive Morrissey Hearing by A parolee who is convicted of a new crime has a due process right to a parole revocation hearing that fulfills all six requirements of accurate fact-finding set out in Morrissey v. Brewer , 408 U.S. 471, 92 S.Ct. 2593 (1972). William John was …
Article • June 15, 1998 • from PLN June, 1998
Repeal of South Carolina Furlough Law Violates Ex Post Facto by The court of appeals for the fourth circuit held that amendments to a South Carolina statute which eliminated furlough rights for prisoners convicted before its passage violate the ex post facto clause of the U.S. constitution. In 1983 the …
Article • June 15, 1998 • from PLN June, 1998
Filed under: Sentencing, Parole
Colorado Prisoners Passing Up Parole by More than 2,500 Colorado state prisoners opted to stay in prison rather than ask for parole during the fiscal year ending June 30, 1997. More than 20 percent of those who waived parole hearings were close to ending their full sentence, usually within six …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Organizing, Work Strikes, Parole
Work Strike Suppressed and Sabotaged in Ohio by Daniel Burton-Rose The October 16th, 1997, issue of the Cleveland black community newspaper The Call and Post printed a letter announcing a statewide work strike by Ohio prisoners on November 1st. The letter was signed by Prisoners United For Equal Justice. The …
Article • April 15, 1998 • from PLN April, 1998
MA and WA Parole Suits Not Cognizable Under § 1983 by The first and ninth circuit courts of appeal have applied Edwards v. Balisok , 117 S.Ct. 1584 (1997)[ PLN , July, 1997] to bar section 1983 actions challenging decisions by state parole boards, holding the § 1983 claims are …
Spanish Speaking Prisoners Entitled to Interpreters by In a wide ranging and extensive ruling a federal court in the District of Columbia held that by failing to provide interpreters to non English speaking Hispanic prisoners the DOC violated the plaintiffs' eighth and fourteenth amendment rights. As the first published ruling …
Article • January 15, 1998 • from PLN January, 1998
Utah Governor's 'Pal' Dupes Parole Officials by Michael Blake Jensen, an admitted con artist and pathological liar was on parole for the fourth time in early 1995. He was facing possible parole violation and felony theft, and Utah parole officer David Olive and his partner, Swen Heimburg, were prepared to …
Article • November 15, 1997 • from PLN November, 1997
Texas Mandatory Release Statute Creates Liberty Interest by The court of appeals for the fifth circuit held that Texas prisoners have a due process liberty interest in their good time credits as it affects their mandatory parole release date. Nesbitt Madison, a Texas state prisoner, was infracted for allegedly assaulting …
Texas Parole Case Reversed by In the October, 1996, issue of PLN we reported the class action suit Johnson v. Texas Dept. of Criminal Justice, 910 F. Supp. 1208 (WD TX 1995) in which a federal district court in Texas ordered the state parole board to not consider "protest letters" …
Article • October 15, 1997 • from PLN October, 1997
Released Prisoners Must Pay Filing Fees by The court of appeals for the District of Columbia Circuit held that PLRA fee requirements apply to all federal civil actions and must be paid by prisoners later released from prison. Shortly before being released from prison Peter Smith, a federal prisoner, filed …
Article • October 15, 1997 • from PLN October, 1997
Clemency Letter Ban Questioned by The court of appeals for the seventh circuit held that an Illinois Department of Corrections (DOC) policy prohibiting employees from writing directly to the Prisoner Review Board (PRB) on behalf of prisoners seeking clemency may be unconstitutional. Larry Shimer filed a petition for clemency and …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Habeas by The court of appeals for the tenth circuit joined every other circuit to consider the issue by holding that the PLRA's fee requirements do not apply to habeas corpus petitions. Thus, indigent prisoners can still seek a waiver of filing fees for habeas …
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