Skip navigation

Search

165 results
Page 5 of 9. « Previous | 1 2 3 4 5 6 7 8 9 | Next »

Article • May 15, 2010 • from PLN May, 2010
Filed under: Sentencing, Restitution
Washington LFOs Issued Before July 1, 2000 Expire in 10 Years by The Washington State Supreme Court has unanimously held that restitution orders issued before July 1, 2000 expire and become void after 10 years, unless extended by the trial court before expiration. In 1992, Henry Gossage was convicted of …
Article • April 15, 2010 • from PLN April, 2010
Filed under: Money/Property, Restitution
Washington Jail a Modern-Day Debtor’s Prison by Gary Hunter In Washington state’s Spokane County, some people are serving more jail time for failing to pay court costs than they served under their original sentence. Michael Lafferty was sentenced to less than 90 days for a third-degree assault conviction. Court costs …
Article • April 15, 2010 • from PLN April, 2010
Oklahoma Courts Collecting Fines, Costs at Expense of Justice by Oklahoma judges are pushing for larger fines imposed on criminal defendants to compensate for a shortfall in courthouse budgets. The downturn in the economy has affected almost everyone, and the courts are no exception. Judges in Oklahoma have seen a …
Article • March 15, 2010 • from PLN March, 2010
Texas Counties Give Up on Probationer Restitution Centers by Matthew Clarke by Matt Clarke In the 1980s, faced with overcrowded prisons and probationers who often failed to pay their court-ordered fees and fines, some Texas counties came up with what sounded like a good idea: the Probationer Restitution Center (PRC). …
Article • February 15, 2010 • from PLN February, 2010
Judge Enjoins Collection of Cost of Incarceration Fees From Federal Prisoner in Washington State Prison by On February 25, 2008, Judge William Thomas McPhee of the Thurston County Superior Court entered an injunction prohibiting the Washington Department of Corrections (DOC) from withholding cost of incarceration and crime victim compensation from …
Article • January 15, 2010
Mother of Murdered Son not “Victim” Within Meaning of Crime Victims Rights Act by The U.S. Court of Appeals for the Second Circuit has rejected a petition for mandamus filed by the mother of an individual murdered by Columbian paramilitaries. The mother had sought restitution under the Crime Victims Rights …
Article • December 15, 2009
Court Okays Sale Of Unabomber’s Property by The U.S. Court of Appeals for the Ninth Circuit has rejected an appeal by Theodore Kaczynski, better known as the “Unabomber,” challenging the sale and disposition of Kaczynski’s personal property that was seized during the underlying investigation into his bombings. In 2006, the …
Article • September 15, 2009
Filed under: Money/Property, Restitution
Florida Court Loses Jurisdiction to Enter Restitution Order upon Completion of Sentence by Florida’s Fifth District Court of Appeal has held that a trial court lacks authority to enter a restitution order against a defendant who has completed his sentence. The court’s order comes in the appeal of Kelly R. …
Article • July 15, 2009
Filed under: Money/Property, Restitution
N.Y. Court Need Not Pronounce Mandatory Surcharge and Fees at Sentencing by The New York Court of Appeals has held that the mandatory surcharge and crime victim assistance fee mandated by Penal Law § 60.35(1) are not part of a sentence. Therefore, a judge need not pronounce them in a …
Article • July 15, 2009
Medicare Is “Victim” Under Pennsylvania Restitution Statute by Medicare is a “victim” for the purpose of receiving restitution under Pennsylvania law, the Superior Court of Pennsylvania decided July 16, 2008. Gregory Ricky Brown was ordered to pay $509.65 to Medicare as restitution for a criminal offense. Brown appealed, arguing that …
Article • June 15, 2009
Filed under: Money/Property, Restitution
Texas Court of Criminal Appeals: 
Concurrent Sentences Mean Concurrent Fines by Texas Court of Criminal Appeals: ?Concurrent Sentences Mean Concurrent Fines The Texas Court of Criminal Appeals (CCA) ruled that fines imposed as part of a sentence for multiple counts of an offense committed during the course of a single …
Article • April 15, 2009
Jail Term Imposed for Non-Payment of Fine Upheld in Washington by A Washington appeals court held that the imposition of jail time for the willful non-payment of fines in violation of stipulated probation terms was within the trial court’s authority. On September 1, 2005, Jimmy Young pled guilty to one …
Article • April 15, 2009 • from PLN April, 2009
Filed under: Money/Property, Restitution
California: Restitution Fine Unlawful for Accessory to Murder by California: Restitution Fine Unlawful for Accessory to Murder The California Court of Appeal (1st District) reversed a trial court’s imposition of a $12,083 restitution fine in an accessory-to-murder conviction because the criminal act – accessory after the fact – did not …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Article • February 15, 2009
California Assesses Retroactive Fees For Courthouse Construction by California State prisoner Timothy McCoy appealed the assessment of fines and penalties after violating the terms of his probation. The assessment was affirmed after resolving ambiguous statutory provisions. The court noted that the decision was only applicable in Los Angeles County and …
Article • February 15, 2009
California Court Security Maintenance Fee Held Retroactive, Not Punitive by California State prisoner Tracy Alford sought review of an appellate affirmation allowing the retroactive imposition of a fee in addition to his sentence. The court held that the fee was not punitive and that the Legislature clearly intended for the …
Article • January 15, 2009
New York Ex Parolee's Discharge Reversed For Restitution Determination by Sullivan County (New York) District Attorney Stephen Lungen petitioned to vacate and reverse the State Division of Parole's (DOP) discharge of ex parolee Kera Peters. An increased restitution order was inadvertently not applied and her discharge precluded its payment. The …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Money/Property, Restitution
Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto by Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto The Ninth Circuit Court of Appeals, in a California state prisoner’s …
Article • September 15, 2008 • from PLN September, 2008
California “Restitution Center” Prisoner’s Suit for Underpayment Certified as Class Action by Marvin Mentor A prisoner housed at a “restitution center” who spent two years working in the community sued the California Department of Corrections and Rehabilitation (CDCR) for failure to reimburse her work-related expenses per state statute, or to …
Article • August 15, 2008
Ninth Circuit Upholds BOP IFRP Program by The federal prisons' Inmate Financial Responsibility Program, which provides for development of a plan for inmates to pay obligations such as court-ordered assessments, restitution, and fines, with deprivation of privileges and preferred housing as a sanction for noncompliance, does not improperly intrude on …
Page 5 of 9. « Previous | 1 2 3 4 5 6 7 8 9 | Next »