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Article • April 15, 1994 • from PLN April, 1994
GA Parole Rules Create Liberty Interest by Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole (GBPP) he should have served 10 months in prison. Disregarding their own rules the GBPP imposed a period of …
Work Release Revocation Requires Hearing by Billy Jackson was an Arkansas state prisoner. She was placed in work release but later quit her job and her parole officer could not locate her at her address of record. She was later arrested on charges of public drunkenness, returned to prison and …
Article • January 15, 1994 • from PLN January, 1994
Parole Commission Guidelines Not Ex Post Facto by The federal prisoner in this case, Noble Simpson, filed a pro se habeas corpus petition against the U.S. Parole Commission. Simpson's suit challenged, on ex post facto grounds, the Commission's application at his second parole hearing of it's guidelines which were not …
Article • December 15, 1993 • from PLN December, 1993
Ex Post Facto Conflict Within Ninth Circuit by In the October PLN we reported on the case of Powell v. DuCharme , 998 F.2d 710 (9th Cir. 1993) in which a panel of the ninth circuit court of appeals held that the ex post facto clause was not violated by …
Article • December 15, 1993 • from PLN December, 1993
Filed under: Sentencing, Parole
A Call for an Investigation of the U.S. Parole Commission by Elton Winchester By Elton R. Winchester #31778-138, Leavenworth The Sentencing Reform Act (SRA) that went into effect in Novermber of 1987, abolished parole and the U.S. Parole Commission (USPC). Section 235(b)(3) of the SRA required the USPC to hear …
Biased Hearing Officer Violates Due Process by Biased hearing Officer Violates Due Process Robert Ramirez is a federal prisoner. He had been imprisoned at the US penitentiary in Marion, IL, and had gone through that prison's transfer process and was moved to Leavenworth. While at Leavenworth Ramirez was infracted for …
Article • October 15, 1993 • from PLN October, 1993
Ninth Circuit Reverses Powell Decision by Robert Powell By Robert Powell To understand just what has happened in this case one must first understand Washington state law. At the time of my conviction a person who was found guilty of Murder in the First Degree was either sentenced to death …
Article • August 15, 1993 • from PLN August, 1993
Increasing Parole Review Time is Ex Post Facto by South Carolina's legislature passed a statutory amendment decreasing the frequency of parole reconsideration hearings from every year to every two years. A prisoner filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, claiming the amendment was an unconstitutional ex …
Article • August 15, 1993 • from PLN August, 1993
The Federal SRA: A Social Experiment Gone Astray by Lee Alphonso Moore In 1984 Congress confronted the rise in drug and firearm related crimes by instituting a social experiment. The social experiment became known as the Sentencing Reform Act (SRA) of 1984. Congress assumed longer federal prison sentences--without parole--would serve …
Article • July 15, 1993 • from PLN July, 1993
Rehabilitation versus Punishment=Attitude by John Adams I'm a prisoner at the Washington State Penitentiary (WSP) in Walla Walla, Washington. I'm one of the Indeterminate Sentence Prisoners who the Parole Board has to determine is "rehabilitated" before they will release me back into society. While I have to be rehabilitated to …
Article • May 15, 1993 • from PLN May, 1993
Retaliatory Denial of Parole Actionable Under Section 1983 by Isa Shabazz is an Oklahoma state prisoner. He filed suit under § 1983 alleging that the Oklahoma parole board has a policy, practice and custom of denying parole to prisoners who choose to exercise their civil rights by suing prison officials. …
Article • March 15, 1993 • from PLN March, 1993
Filed under: Sentencing, Good Time, Parole
Maxed Out Washington Cons Have Right to Earn Good Time by This is a case that will only be of interest to prisoners in Washington state, as our system of issuing good time credits is probably the strangest in the nation. This case deals with a Washington state prisoner who …
Article • January 15, 1993 • from PLN January, 1993
Wisconsin Parolees Have Liberty Interest in Avoiding Forced Medication by Jeffrey Felce is a Wisconsin parolee released on mandatory parole. While in prison Felce threatened prison and parole officials. They tried to commit him but were unable to do so because he was found to have mental problems but not …
Parolees Have a Right to Bodily Privacy by Parolees Have A Right To Bodily Privacy Afemale parolee in California was ordered to provide a urine sample for drug testing by a male parole officer. While she was in a bathroom stall providing the sample, the male parole officer entered the …
Article • November 15, 1992 • from PLN November, 1992
Parole Officers Can Be Sued by Stephen Mee was a Colorado parolee whose parole was revoked by Jose Ortega, his parole officer, for alleged harassment. Ortega kept Mee in jail despite being told by the local prosecutor that because no violation of criminal law had occurred, Mee could not be …
Brief • September 17, 1992
Filed under: Sexual Assault, Parole
Watters v. State of Washington, WA, Complaint, Parole Rape, 1992 . ( " . I .... : ;:~AL'S --,." ,.'\; 'v'. 1 .... . ~':!,~rIA ~ 2 3 SEP I 7 1992 I L .. •• ... __ IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR …
Article • September 15, 1992 • from PLN September, 1992
Taking of DNA Samples Violates Ex Post Facto Clause by Virginia state prisoners filed suit challenging Virginia legislation which directs the DOC to take and store blood from prisoners for Deoxyribonucleic acid (DNA) analysis and storage. (DNA is the basic component of living organisms, every human has a DNA blueprint …
Article • September 15, 1992 • from PLN September, 1992
Exhaustion of State Remedies Not Required to Challenge Parole Board Procedures by Exhaustion of State Remedies Not Required to Challenge Parole Board Procedures in Federal Court The U.S. Court of Appeals for the 7th Circuit has held that a prisoner who is dissatisfied with the procedures used to consider his …
Article • August 15, 1992 • from PLN August, 1992
Adverse Change in Board Rules is Ex Post Facto by Adverse Change In Board Rules Is Ex Post Facto The Oregon Court of Appeals has reaffirmed its holding that application of parole board rules not in effect when a prison committed his crime, and which had the effect of potentially …
Article • August 15, 1992 • from PLN August, 1992
Washington Lifers Litigation Update by John Midgley By John Midgley This is a further update on the "lifers" litigation. The current status of the Powell case is as follows: US District Court Judge Thomas Zilly has held that SHB 1457 is ex post facto as applied to Mr. Powell. The …
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