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Article • May 1, 2012
Arizona Governor Cleans House, Restocks Clemency Board with Cronies and Hardliners by Arizona Governor Jan Brewer doesn't like making public decisions on the commutation of prison sentences. Or maybe she simply doesn't like justifying them. In April 2012, Brewer—the Republican who boisterously defended the since-disproven legality of SB1070, and later …
Article • April 15, 2012 • from PLN April, 2012
Illinois Governor Signs Bill Banning Death Penalty, Commutes All Death Sentences by Matthew Clarke by Matt Clarke On March 9, 2011, Illinois Governor Pat Quinn signed legislation banning the death penalty for state crimes in Illinois. He also commuted the sentences of the state’s 15 death row prisoners to life …
Article • February 15, 2012 • from PLN February, 2012
Doctors Propose Changes to Fix Flaws in Compassionate Release Programs by Michael Brodheim by Mike Brodheim In “Balancing Punishment and Compassion for Seriously Ill Prisoners,” published in the July 19, 2011 issue of Annals of Internal Medicine, Doctors Brie A. Williams, Rebecca L. Sudore, Robert Greifinger and R. Sean Morrison …
Article • February 15, 2012 • from PLN February, 2012
Oregon Discontinues Failed Prisoner Deportation Program by Oregon’s expedited deportation program, touted as saving $2.1 million by transferring about 200 illegal immigrant prisoners to federal custody for early deportation, came up $1.9 million short, causing state officials to kill the program. According to the Oregon Department of Corrections (ODOC), 1,289 …
Days Without End: Life Sentences and Penal Reform by Marie Gottschalk Death fades into insignificance when compared with life imprisonment. To spend each night in jail, day after day, year after year, gazing at the bars and longing for freedom, is indeed expiation. —Lewis E. Lawes, warden of Sing Sing …
Article • September 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by By Brandon Sample Persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor, U.S. District Judge Joan B. Gottschal so held March 11, 2008. Stephanie Bowens and …
Article • September 15, 2011 • from PLN September, 2011
Third Circuit Upholds Unanimity Requirement for Pennsylvania Pardon Recommendations by The Third Circuit Court of Appeals has upheld a Pennsylvania law requiring a unanimous vote on pardon and commutation recommendations. Article IV § 9(a) of Pennsylvania’s constitution authorizes the governor to commute or pardon a prisoner. Such authority is exercised …
Article • August 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by Brandon Sample By Brandon Sample Persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor, U.S. District Judge Joan B. Gottschal so held March 11, 2008. Stephanie …
Article • July 15, 2011
Missouri Parole Board May Not Use Facts of Crime Already Considered by Governor in Clemency Approval to Deny Parole by The Missouri Supreme Court issued a peremptory writ of mandamus to the state parole board ordering new parole hearings for two life prisoners, and constraining the board from considering the …
Article • July 15, 2011
Washington Supreme Court Says Commutations Implicate Due Process by Mark Wilson By Mark Wilson The Washington state Supreme Court held that due process protections attach to conditional commutation decisions and the liberty interest at stake “is indistinguishable from the interest in parole and probation.” In 1997, Jayson Bush was convicted …
Article • July 15, 2011 • from PLN July, 2011
California: Controversy Surrounds Governor’s Grant of Clemency to Son of Political Friend by Michael Brodheim by Mike Brodheim In one of his last official acts before leaving office in January 2011, California Governor Arnold Schwarzenegger exercised his right under the state constitution to grant clemency to Esteban Nuñez, the son …
Article • May 15, 2011 • from PLN May, 2011
Mississippi Governor Grants Early Release to Scott Sisters by Derek Gilna In a recent resolution to a celebrated Mississippi civil rights case, in which sisters Gladys and Jamie Scott each served 16 years of a life sentence for their part in a 1993 armed robbery that netted as little as …
Article • May 15, 2011 • from PLN May, 2011
Trivialized Use of Presidential Pardon Power Continues Under Obama by Brandon Sample After almost two years in office, President Obama finally granted his first pardons on December 3, 2010 – all nine of them – barely avoiding George W. Bush’s record for the longest delay by a president in granting …
Article • May 15, 2011
PRP Granted: Alford Plea to be Withdrawn by In May 1985, Washington State resident, Clyde R. Spencer, entered an Alford plea in answer to numerous charges of statutory rape and complicity to commit statutory rape. The only evidence against him was the testimony of his two biological children and his …
Article • March 15, 2011 • from PLN March, 2011
Ohio Governor Spares Death Row Prisoner, Cites Problems with Evidence by Derek Gilna Kevin Keith, 46, on Ohio’s death row for murdering two women and a 4-year-old child, and scheduled for execution on September 15, 2010, was spared by Ohio Governor Ted Strickland. In commuting the death penalty portion of …
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been …
Article • July 15, 2010 • from PLN July, 2010
Marsy’s Law Enjoined in California by Michael Brodheim On February 4, 2010, in a class-action suit brought under 42 U.S.C. § 1983 by eight plaintiffs seeking to represent a class of California state prisoners serving life sentences with possibility of parole, U.S. District Court Judge Lawrence K. Karlton issued two …
Article • December 15, 2009
Illinois Expungement-Following-Pardon-For-Innocence Statute Discretionary by On March 19, 2009, the Illinois Supreme Court held that the statute governing expungement of records following a pardon for innocence is discretionary even if the pardon specifically authorizes expungement. Stanley Howard and Dana Holland are former Illinois state prisoners who received gubernatorial pardons based …
Article • November 15, 2009 • from PLN November, 2009
Illinois Governor’s Failure to Act on Clemency Petitions Not Actionable by Brandon Sample In March 2008, U.S. District Judge Joan B. Gottschal held that persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor. However, that ruling …
Article • July 15, 2009
California Governor Entitled to Absolute Immunity for Erroneous Review for Prisoner’s Parole Eligibility by Former California Governor Gray Davis is entitled to absolute quasi-judicial immunity for his actions related to the erroneous review of a parole board’s grant of parole, the Ninth Circuit held on April 2, 2008. Donald Miller …
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