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9th Circuit: "Adam Walsh" Detention Doesn't toll Supervised Release Term by Derek Gilna The 9th Circuit has ruled that the period of time spent in civil confinement under the Adam Walsh Act did not constitute "imprisonment" and that a defendant's period of supervised release continues to run during that time. …
Article • September 9, 2016
Citizen's Wrongful Detention suit against ICE 'reinstated by Second Circuit by Derek Gilna Viterbo Liranzo was a U.S. citizen through section 321 of the Immigration and Naturalization Act (INA), which conferred derivative citizenship on children of U.S. citizens, even though neither parent nor the child requested it. Liranzo was unaware …
Article • September 8, 2016
Supreme Court Rules Federal Judge May Make Sentence Consecutive to Future State Sentence by On March 28, 2012, the U.S. Supreme Court held that a federal judge may impose a sentence that is consecutive to an anticipated state sentence. Monroe Ace Setser was on probation for a Texas drug charge …
Article • September 8, 2016
Virginia Court Affirms Parole Revocation for Sex Offender Who Refused to Admit Guilt by Lonnie Burton On May 17, 2016, the Court of Appeals of Virginia denied the appeal of a man whose parole was revoked when he refused to admit that he was guilty of the offense for which …
Article • September 7, 2016
Obama's Pardons: Too Few, Too Late, and 'Almost Irrelevant' by Joe Watson Blame Gerald Ford, Bill Clinton or any former president who has abused his pardon power and made it politically inconvenient for future presidents to give clemency to those who deserve it. Blame the career prosecutors in the U.S. …
Article • September 7, 2016
Missouri Prisoner's Conviction for Assaulting Guard Upheld on Appeal by Lonnie Burton On May 24, 2016, the Missouri Court of Appeals, Western District, affirmed the conviction of a state prisoner charged with assaulting a Department of Corrections staff member. The length of the sentence imposed for the conviction was not …
Article • September 7, 2016
CT: Prisoner’s Eight Year Sentence for Throwing Feces on Guard Affirmed by On April 26, 2016, the Appellate Court of Connecticut upheld the conviction of a prisoner who had thrown "liquid and fecal matter" at a guard's chest. The 3-0 decision affirmed the eight-year sentence imposed by the trial court, …
Brief • September 7, 2016
Strong v. Tessmann, IL, Amended Complaint, Wrongful Conviction, 2016 Case: 1:16-cv-04885 Document #: 112 Filed: 09/07/16 Page 1 of 38 PageID #:274 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JASON STRONG, ) ) Plaintiff, ) ) v. ) ) LUCIAN TESSMANN, WILLIAM VALKO, …
Article • September 6, 2016
Iowa Gov. Schemes to Keep Juvenile Lifers in Prison After SCOTUS Ruling by When judges make provocative rulings, they're labeled "activists" by peeved politicians. But when those same politicians execute controversial decisions, they purport to be mere protectors of the public interest. In Iowa, Governor Terry Branstad has pitted himself …
Article • September 6, 2016
Supreme Court Rules on Retroactivity of Miller v. Alabama by The Supreme Court’s prior decision in Miller v. Alabama, holding that sentencing juveniles to life without parole violates the Cruel and Unusual Punishments Clause, is a substantive constitutional rule that must be applied retroactively on state collateral review (unlike a …
New Study Debunks Common Beliefs of Children of Incarcerated Parents by Christopher Zoukis by Christopher Zoukis A study released by the Institute for Municipal and Regional Policy, and in conjunction with the National Resource Center on Children and Families of the Incarcerated, debunks commonly cited statistics concerning children with incarcerated …
Parolees Violated Without New Charges Bloat Wisconsin Prison Population by Matthew Clarke Due to policies and practices which are costly to society and former parolees, well over half the 7,727 people sent to prison in Wisconsin in 2013 were imprisoned for parole rule violations without any new criminal charges. Those …
Article • September 6, 2016
Man Detained in Dallas Jail without Trial Longer Than Maximum Sentence by Matthew Clarke A man who was arrested for criminal trespass spent 200 days in the Dallas County Jail awaiting a court date on a charge that carries a maximum of 180 days in jail. The 37-year-old unidentified man …
Article • September 6, 2016
Federal Clemency Initiative Granting Relief At Slow Pace by Christopher Zoukis The Obama administration's "Clemency Initiative 2014," a highly-touted program designed to grant clemency to non-violent offenders and other federal prisoners, has yet to make a substantial impact on the exploding federal prison population. While some 16 percent of the …
Should Spend Less Violating Parolees, Probationers by A recent report argues that California's parolees and probationers are proportionally far less of the population arrested for new crimes and, thus, law-enforcement resources should target the overwhelming majority of offenders who aren't under community supervision. The study, released in 2013 by the …
Poor Parents Fail to Pay Child Support, Go to Jail by Matthew Clarke Child support is an enormous issue in the United States. In August 2015, Mark Greenberg, the Acting Assistant Secretary for the Administration for Children and Families, a division of the U.S. Department of Health & Human Services, …
Outcomes of California’s Proposition 47 by Joe Watson The passage of California’s Proposition 47 in November 2014 – which reduced many felony drug possession and property crimes to misdemeanors – might be a harbinger of criminal justice reform nationwide. But for now, reform advocates have gladly accepted the release of …
Article • September 2, 2016 • from PLN September, 2016
Wrongfully-convicted Former Prisoner Receives $13.2 Million in FBI Hair Analysis Case by Derek Gilna A 55-year-old man who was convicted based upon the now-discredited “science” of forensics hair analysis has been awarded $13.2 million by District of Columbia Superior Court Judge John M. Mott. This was just the latest in …
Article • September 2, 2016 • from PLN September, 2016
Obama Issues Another 214 Commutations for Federal Prisoners by Derek Gilna President Obama announced 214 commutations on August 3, 2016, spurring hope that the pace will increase as he nears the end of his term in office. This latest batch, the largest number of commutations issued in a single day …
Publication • September 1, 2016
Filed under: Prison Reform, Parole, Probation
Missouri Policy Shortens Probation and Parole Terms, Protects Public Safety, PEW, 2016 A brief from Aug 2016 Missouri Policy Shortens Probation and Parole Terms, Protects Public Safety Individuals on community supervision can earn credits to reduce their sentences Overview In 2012, Missouri established an “earned compliance credits” policy that allows …
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