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Article • August 15, 1995 • from PLN August, 1995
ID Rider Program Creates Liberty Interest by The ninth circuit has held that prisoners have a due process liberty interest in accurate and reliable rehabilitation reports. In 1972 Idaho created the ARider Program@ whereby convicted felons were sent to prison to be evaluated for potential release on probation, the sentencing …
Article • July 15, 1995 • from PLN July, 1995
Supreme Court Turns Back Parole Challenge by In the July, 1994, issue of PLN we reported Morales v. California DOC, 16 F.3d 1001 (9th Cir. 1994). The appeals court held that a California statute that was modified to allow for parole hearings every three years instead of every year violated …
Article • June 15, 1995 • from PLN June, 1995
WA Powell Update by John Midgley This is to update you on recent developments in the Powell case on retroactive application of SHB 1457 to mandatory life term prisoners. As you know, earlier this year the Ninth Circuit refused to rehear the case. So, on April 10, 1995, we filed …
Article • April 15, 1995 • from PLN April, 1995
VA Parole and Good Time Laws Don't Create Liberty Interest by Orillion James is a Virginia state prisoner who filed suit seeking money damages and an injunction ordering prison officials to expunge his records of false educational information that hindered his ability to be paroled. The records in question claim …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
Article • March 15, 1995 • from PLN March, 1995
No Liberty Interest in GA Parole Rules by In the April, 1994, issue of PLN we reported Sultenfuss v. Snow, 7 F.3d 1543 (l1th Cir 1993). Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole …
Article • March 15, 1995 • from PLN March, 1995
Filed under: Sentencing, Parole
TX Parole Board Can't Use Voided Priors by John Cook is a Texas state prisoner. In 1964 he was convicted of burglary. In 1982 he was convicted of indecency with a child and received a 20 year sentence which included a ten year enhancement for the 1964 conviction. In 1987 …
Article • February 15, 1995 • from PLN February, 1995
Former TX Parole Board Chairman Sentenced by Former Texas slate parole board chairman, James Granberry, pleaded guilty in April of 1994 to charges that he committed perjury during an investigation of independent "parole consultants." After Granberry resigned from the Board of Pardons and Parole in May 1991, he set himself …
CA BPT Lawyer Sentenced by David Eugene Brown was the chief counsel for the California Board of Prison Terms (BPT) from 1982 until June, 1994. He worked his way up through the prison system's ranks, starting as guard, then captain and going to law school, after which he was appointed …
Article • November 15, 1994 • from PLN November, 1994
Change in Parole Eligibility Actionable Under Section 1983 by Thomas Lewis is a Tennessee state prisoner convicted in 1984 and sentenced to 30 years in prison. At the time of his conviction prisoners became eligible for parole consideration after serving thirty percent of their sentence. In 1989 the Tennessee DOC …
Article • November 15, 1994 • from PLN November, 1994
U.S. S.Ct. to Hear Prison and Parole Cases by The 1994-95 term of the United States Supreme Court began on October 3, 1994. Among the cases scheduled for hearing by the Supreme Court are two cases previously reported in PLN which will have wide ranging effect. California Department of Corrections …
Article • November 15, 1994 • from PLN November, 1994
MI Parole Consent Decree Vacated by In 1977 Michigan state prisoners filed a class action suit challenging the procedures by which they were granted or denied parole. In 1981 the US district court in Michigan entered a consent decree settling a lawsuit between the Michigan state Parole Board and Michigan …
Prisoners Have Right to Prompt Sentence Computation by David Plumb is an Oregon state prisoner. He filed suit under § 1983 claiming that his right to due process under the fourteenth amendment and his right to be free from cruel and unusual punishment under the eighth amendment were violated by …
Article • September 15, 1994 • from PLN September, 1994
Filed under: Sentencing, Parole
PA Prisoners Enjoy Right to Parole Consideration by William Marshall By William L. Marshall In an opinion entered February 28, 1994, the Pennsylvania Commonwealth Court held that under Section 11 of the PA Parole Act (61 P.S. § 331.22), while the PA Board of Probation and Parole ("the Board"), in …
Article • September 15, 1994 • from PLN September, 1994
Further Developments in WA Powell Case by John Midgley This is a further update on developments in the Powell litigation. The Attorney General's office recently filed in the Ninth Circuit a document in which they claimed that the Indeterminate Sentence Review Board will treat superintendents' recommendations for parole under RCW …
Article • August 15, 1994 • from PLN August, 1994
Recidivism Revisited by Michigan's corrections department recently released a five-year study of its paroled prisoners that reached the same conclusion as a similar six-year Louisiana study released last year: 55.2% of Michigan's 1986 parolees never returned to prison (nor did 56% of Louisiana's 1987 released prisoners). 5-year follow-up study on …
Article • July 15, 1994 • from PLN July, 1994
Change in Parole Hearings Violates Ex Post Facto by PLN readers may recall that in the December, 1993, issue we reported on the conflict within the ninth circuit on whether changing the frequency of parole board hearings violates the Ex Post Facto provisions of the constitution. In Powell v. Ducharme, …
PLN Suit Filed Against ISRB by Paul Wright By Paul Wright Readers may recall that former PLN coeditor Ed Mead was released from prison in October, 1993, after serving nearly 18 years in prison. The day after he was released he was required to sign a standard conditions of release …
Article • May 15, 1994 • from PLN May, 1994
Filed under: Sentencing, Good Time, Parole
ISRB Must Follow Own Rules by Charles Cashaw was a Washington state prisoner. He filed a Personal Restraint Petition (PRP, a state habeas petition) challenging the actions of the Indeterminate Sentence Review Board (ISRB) in setting a minimum prison term to coincide with his court imposed maximum sentence. The court …
BOP Liable for Recalculating Sentence by Kent Alexander is a former federal prisoner. In 1986 he was released after serving a three year federal sentence. Eighty days later he was arrested for "violation of parole" and placed in FCI Tucson. The prison administrative systems manager, Luis Rivera, told Alexander that …
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