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Article • August 1, 2015 • from PLN August, 2015
Investigation Forces Arizona Clemency Board Chairman to Resign by Joe Watson Investigation Forces Arizona Clemency Board Chairman to Resign by Joe Watson A Republican political consultant who was appointed by Governor Jan Brewer to head Arizona’s Board of Executive Clemency (Board) said he was “forced out” of the position after …
Article • April 9, 2015 • from PLN April, 2015
Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico by Mark Wilson Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico by Mark Wilson n May 1, 2014, the New Mexico Supreme Court held that satisfaction of the conditions of a deferred sentence fully restores a defendant’s civil …
Article • March 4, 2015 • from PLN March, 2015
Filed under: Pardons/Clemency
Michigan Governor Lacks Authority to Revoke Commutations by David Reutter Michigan Governor Lacks Authority to Revoke Commutations by David Reutter The Michigan Supreme Court held on June 3, 2014 that the governor does not have the power to revoke a completed commutation of sentence. It further held that where it …
Article • December 3, 2014 • from PLN December, 2014
BOP Criticized for Denying Most Compassionate Release Requests by BOP Criticized for Denying Most Compassionate Release Requests The federal Bureau of Prisons (BOP) is operating under revised guidelines intended to expand the circumstances under which federal prisoners can seek a reduction in their sentences through the agency’s Compassionate Release Program, …
Article • October 10, 2014 • from PLN October, 2014
Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matthew Clarke Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matt Clarke In an opinion filed May 21, 2013, the Fifth Circuit Court of Appeals held that changes to commutation laws and rules in Louisiana, which …
Article • October 5, 2014
Filed under: Good Time, Pardons/Clemency
Iowa Governor’s Sentence Commutation Changes Good Time Rate by Iowa Governor’s Sentence Commutation Changes Good Time Rate   The Iowa Supreme Court has held that a governor’s commutation of sentence has a legal effect of changing the rate a prisoner may accumulate earned time from the date of commutation forward, …
Article • August 7, 2014 • from PLN August, 2014
U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions by Derek Gilna U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions by Derek Gilna It’s always hard for the federal government to admit its mistakes, especially when they have ruined tens of thousands of lives, devastated inner-city neighborhoods …
Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency by Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), mandates sentence enhancements for certain federal defendants who commit crimes with firearms; those who have three or …
Risk Assessment Cannot Solve Systemic Injustice of Prisons by Glenn E. Martin by Glenn E.Martin, Truthout After 40 years of waging a failed war on crime in poor communities, conservative and progressive policy makers finally are being compelled to release the pressure valve and find ways to reform our troubled criminal …
Article • December 15, 2013 • from PLN December, 2013
Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement by The Minnesota Supreme Court held that the favorable resolution of criminal proceedings establishes a rebuttable presumption in favor of expungement under state law. In May 2009, a defendant identified only as RHB was charged with first- and third-degree assault …
Article • August 15, 2013 • from PLN August, 2013
Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction by Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction On August 15, 2012, the Fourth Circuit held that sex offender registration requirements do not amount to being "in custody" for purposes of invoking federal habeas corpus …
Publication • August 1, 2013
Reconsidering Early Release Georgetown J. of Law and Pub. Policy 2013 ARTICLES Clemency, Parole, Good-Time Credits, and Crowded Prisons Reconsidering Early Release PAUL J. LARKIN, JR.* INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . …
Arizona Prison System Plagued by Politics, Privatization and Prisoner Deaths by Joe Watson By the time Jan Brewer replaced Janet Napolitano as Arizona’s governor in 2009, it had been 22 years since the Arizona Department of Corrections (ADC) built the first prison in the United States designed exclusively for permanent …
Article • June 15, 2013 • from PLN June, 2013
Reprieved Oregon Prisoner Wages Legal Fight to be Executed by As previously reported in PLN, on November 22, 2011, Oregon Governor John Kitzhaber imposed a moratorium on the death penalty for the remainder of his term in office. In doing so he canceled the scheduled execution of Gary Haugen, 50, …
Article • May 15, 2013
Ex-prisoners' Petition for Restoration of Firearm Rights Denial Reversed by On September 14, 2012, Supreme Court of Virginia considered two separately granted and briefed appeals as one because they represented the same question of law. Scott A. Gallagher and George Junior Vanover had both received orders from the governor's office …
Article • April 15, 2013
Mississippi Supreme Court Upholds Outgoing Governor's 214 Messy Pardons by Joe Watson Two months of political gamesmanship and blustery media coverage came to an end on March 8 when the Mississippi Supreme Court upheld more than 200 pardons granted by Haley Barbour in his final days as governor. The court …
Article • January 15, 2013 • from PLN January, 2013
Obama Pardons Two Turkeys, No Prisoners in 2012 by Derek Gilna Barack Obama has served as president since January 2009. From that time until the end of 2012, he has issued just 22 pardons and one commutation of sentence. His first nine pardons, on December 3, 2010, mainly went to …
North Carolina Governor Pardons Wilmington 10 by In 1971, during a time of racial unrest in Wilmington, North Carolina, shortly after schools were integrated and amid protests and race-based violence, a white-owned business, Mike’s Grocery, was firebombed. Responding firefighters claimed they were targeted by gunfire from unknown shooters at a …
Vietnam Pardons 10,244 Prisoners but Few Dissidents by Derek Gilna Two Vietnamese activists jailed for advocating democracy were among more than 10,000 prisoners granted amnesty by Vietnam’s government on August 25, 2011 in celebration of National Day. Nguyen Van Tinh and Tran Duc Thach had been sentenced in 2009 to …
Article • September 15, 2012 • from PLN September, 2012
Onerous Change in Michigan Commutation Procedures Fails to State Ex Post Facto Claim by The Sixth Circuit Court of Appeals has held that a change in procedures for commutation of sentence does not constitute an ex post facto violation. The appellate court ruled in a case involving Michigan prisoner Keith …
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