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Article • July 15, 2011
Filed under: Sentencing, Parole
California Appellate Court Vacates Governor’s Reversal of Lifer’s Parole Grant by John Dannenberg by John E. Dannenberg The California Court of Appeal, Fourth District, vacated Governor Schwarzenegger’s reversal of a murderer’s grant of parole and reinstated parole. A majority of the court found that there was no evidence showing that …
Article • July 15, 2011
Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law by Matthew Clarke by Matt Clarke On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241. John Witherow, a Nevada …
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
Filed under: Money/Property, Restitution
California: When Fine Imposed Is Payable to State Restitution Fund and Not Directly To Victim, 10% Administrative Fee Is Not Authorized by John Dannenberg By John E. Dannenberg The California Court of Appeal held that when a prisoner is ordered to pay a restitution fine to the State Restitution Fund, …
Article • July 15, 2011
Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case by Matthew Clarke By Matt Clarke An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns by Matthew Clarke Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction By Matt Clarke On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a …
Article • July 15, 2011
Filed under: Medical, Medical Expenses
California: City Liable For Hospital Costs of Prisoner Taken from City Jail by John Dannenberg By John E. Dannenberg In May 2003, indigent prisoner Kenneth Denham was arrested and detained by Oakland police. Five days later they took him to the county jail, but the county refused to accept him …
Article • July 15, 2011
Fifth Circuit: Federal Government May Collect Restitution Up To 20-Years by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection …
Fifth Circuit Grants Louisiana Prison Doctor Qualified Immunity by Matthew Clarke by Matt Clarke The Fifth Circuit court of appeals reversed a Louisiana district court’s denial of qualified immunity for a prison doctor. Anthony Gobert, a former Louisiana state prisoner, was incarcerated at the Elayn Hunt Correctional Center (EHCC) and …
Article • July 15, 2011
Fifth Circuit: No Liberty Interest in Discretionary BOP Sentence Reduction by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals upheld the denial of sentence reduction to a federal prisoner who had completed the Residential Drug Abuse treatment Program (RDATP). Michael Richardson, a federal prisoner incarcerated at the …
Article • July 15, 2011
Jail Phone Calls Monitored Without Warning Inadmissible In New Mexico by By Matt Clarke A New Mexico court of appeals has ruled that jail phone conversations monitored and recorded without prior warning to the prisoner were inadmissible in his criminal prosecution. Geechie Devane Templeton was arrested by Hobbs, New Mexico, …
California Federal Court Refuses to Dissolve Most of Orantes Injunction by Matthew Clarke By Matt Clarke On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), …
Maine Supreme Judicial Court Reinstates Challenge to Maine SORNA by Matthew Clarke By Matt Clarke The Maine Supreme Judicial Court has reversed the dismissal of a challenge to the Maine Sex Offender Registration and Notification Act (SORNA), 34-A M.R.S. §§ 11201-11256. John Doe is the pseudonym of a person convicted …
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
Article • July 15, 2011
California Prisoner Entitled to Parole Gate Money Even if Release is to a Hold for Sexually Violent Predator Evaluation by John Dannenberg California Prisoner Entitled to Parole "Gate Money" Even if Release is to a Hold for Sexually Violent Predator Evaluation By John E. Dannenberg The California Court of Appeal …
Article • July 15, 2011
Seventh Circuit Says No Religious Diet Violated RLUIPA by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that Illinois prison officials violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when they denied a prisoner a non-meat diet. Illinois prisoner Gregory Koger changed his religious …
No FTCA Claim for Property Erroneously Mailed Home By BOP; Failure to Protect Claim Cognizable by Brandon Sample No FTCA Claim for Property Erroneously Mailed Home by BOP; Failure to Protect Claim Cognizable by Brandon Sample The United States is immune from suit under the Federal Tort Claims Act (FTCA) …
Article • July 15, 2011
11th Circuit: Nominal Damages Resulting From Unconstitutional Arrest Of 9-Year-Old On School Grounds Not Sufficiently Exceptional To Justify Award Of Attorney’s Fees by Michael Brodheim By Michael Brodheim The Eleventh Circuit has vacated the award of attorney’s fees where the prevailing party, a nine-year-old Alabama child who in 2003 was …
9th Circuit: Eleventh Amendment Bars Prisoner’s Claim for Damages under RLUIPA by The Ninth Circuit has held that a prisoner bringing suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California …
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