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Article • May 15, 2007
Change in FL Good Time System violates Ex Post Facto by The court of appeals for the Eleventh circuit affirmed a district court ruling that granted habeas relief to a Florida prisoner who claimed a change in the state's method of calculating and awarding good time credits violated the ex …
Article • May 15, 2007
Denial of Good Conduct Credit Ex Post Facto by Massachusetts state prisoner Ronald Greenfield was sentenced to 5-7 years incarceration in 1962. In 1965, the law concerning the awarding of credits for good conduct was amended to prohibit such credits for persons who violate parole and are re-incarcerated. Greenfield violated …
Article • May 15, 2007
Washington Good Time Policy Violates Ex Post Facto Clause by Division 1 of the Washington State Court of Appeals (Div. 1) has held that a state Department of Corrections (DOC) policy may not be used to deprive prisoners convicted before it was enacted of earned time for not participating in …
Illinois Prisoner's Suit Dismissal Affirmed, Strike Reversed by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Central District of Illinois, held that state prison rules did not create a liberty interest in minimum-security and work-release placement and Illinois law did not create a reasonable expectation of …
COA Denied; No Due Process Violation in Repeal of Credits by The U.S. Tenth Circuit Court of Appeals denied a state prisoner a certificate of appealability (COA) on a federal district court's denial of habeas corpus relief under 28 U.S.C. §2241, holding that the prisoner's due process rights were not …
Article • May 15, 2007
Florida Good Time Statute Ruled Ex Post Facto by The Supreme Court ruled that a retroactively applied Florida good time statute was unconstitutional. The ruling came in response to Florida's decision to repeal and replace a previous good time statute with one that substantially reduced the amount of good time …
Article • May 15, 2007
Illinois Prisoners Win Ex Post Facto Good Time Claim by The Illinois Court Of Appeals for the Second Circuit held that the circuit court should not have dismissed a prisoner's law suit against the Department of Corrections for denial of good time credits. Prisoners of an Illinois state prison filed …
Article • May 15, 2007
Eighth Circuit Refuses to Stay Mandate in Doe v. Miller Pending Certiorari by Two years ago, a federal district court ruled that Iowa's draconian restrictions on where registered sex offenders could live were unconstitutional. Doe v. Miller, 298 F.Supp.2d 844 (S.D. Iowa 2004). [PLN, Dec. 2004, p. 28]. The Eighth …
Article • May 15, 2007
Kansas Parolee-Supervision-Fee Upheld by Jospeph Jacklovich, a Kansas state parolee, challenged a $25 per month parolee-supervision-fee, implemented after his crimes were committed, in state court. His claim was that the fee increased the punishment for his crimes retrospectively, thus violated the ban on ex post facto laws. The trial court …
Article • May 15, 2007
WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution by WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution Richard Grennier, a Wisconsin state prisoner, killed a teenage hitchhiker and raped and mutilated her body in 1973. He's been in prison ever …
Article • May 15, 2007
Court Enjoins BOP Prisoner Transfers from Work Release by The three petitioners moved to vacate their sentences on the ground that they had been imposed on the understanding that the petitioners would serve their short sentences of imprisonment in community correction centers, but the Department of Justice had subsequently decided …
Article • May 15, 2007
BOP Ordered to Consider Work Release Placement by The Federal Bureau of Prisons' abrupt imposition of a new statutory interpretation holding that placement in a community corrections center was not "imprisonment" and could not be done for more than the last 10 per cent of a prisoner's sentence did not …
Article • May 15, 2007
Change in BOP Work Release Policy Upheld in New York by The plaintiff challenged the Department of Justice's abruptly announced change of policy holding that prisoners cannot be placed in a community confinement center for more than 10% of their sentences. The Bureau of Prisons' interpretation of the statute is …
Article • May 15, 2007
Parole Rule Ex Post Facto That Changes Revocation Standard by Application of a parole regulation that postdated the petitioner's offense and created a "significant risk of a more onerous sentence" violates the Ex Post Facto Clause. It need not be certain that the particular petitioner would serve more time. Here, …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Article • February 15, 2007 • from PLN February, 2007
1997 Changes in Pennsylvania Commutation Law Held Ex Post Facto by John Dannenberg by John E. Dannenberg The U.S. District Court for the Middle District of Pennsylvania held that a 1997 state ballot constitutional amendment, which modified Pennsylvania?s commutation laws to require a unanimous vote rather than a simple majority …
Article • February 15, 2007 • from PLN February, 2007
Sixth Circuit Extends Abela Ruling to Parole Denial Habeas Petitions by The Sixth Circuit Court of Appeals has held that the 90-day period to apply for certiorari review to the U.S. Supreme Court tolls the one-year statute of limitations for habeas corpus actions challenging parole denial. In so holding, the …
Article • January 15, 2007 • from PLN January, 2007
Maryland Sentence Reduction Rule Violates Ex Post Facto Clause by The Maryland Court of Appeals has struck down an administrative regulation amending another regulation to deny previously authorized sentence reduction credits for certain categories of prisoners. In January of 2002, Quinton Demby, Jesse Baltimore, Kenneth Woodall, Daniel Falcone, and Earl …
New Yorks Son of Sam Law Constitutional, Damages Seized by New York's Son of Sam Law Constitutional, Damages Seized The New York Supreme Court, Appellate Division, has held that the state's Son of Sam law, which allows a victim to seek restitution from crime perpetrators, is constitutional. Ibn Kenyatta was …
Article • October 15, 2006 • from PLN October, 2006
Florida Gain Time Revocation Clarified by Florida's First of District Court of Appeal has held that a prisoner serving a split sentence where one of the crimes occurred before the effective date of a statute authorizing forfeiture of gain-time upon revocation of probation prohibits imposing a sanction. Before the Court …
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