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Overdetained California Prisoner Wins $21,800 for False Imprisonment by John Dannenberg by John E. Dannenberg The California Court of Appeal upheld a Superior Court verdict of $21,800 against state prison officials in a lawsuit filed by a prisoner whose eventually-corrected good time credit earning rate resulted in his being released …
Article • April 15, 2009
Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …
Article • April 15, 2009
Court Orders BOP to Recalculate Prisoner’s Good Time by On January 10, 2007, U.S. Magistrate Judge Janice M. Stewart granted a habeas corpus petition filed by a federal prisoner who alleged that the Bureau of Prisons (BOP) miscalculated his good conduct time (GCT). George Scott Kelly was convicted of felony …
Article • April 15, 2009
Dismissal of Suit Challenging Loss of Diminution Credits Upheld by On May 8, 2008, the Maryland Court of Special Appeals upheld the dismissal of a prisoner suit challenging the loss of diminution credits. Alfred Fraction and Gregory Nutter, Maryland prisoners, sued the Secretary of the Department of Public Safety and …
Involuntary Plea in Washington Requires Withdrawal or Strict Plea Enforcement by A state of Washington Court of Appeals has held that a defendant who enters an involuntary plea is entitled to choose his remedy of either specifically enforcing the plea agreement or withdrawing that plea. The ruling came in the …
Article • April 15, 2009 • from PLN April, 2009
Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment by Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment Minnesota state prisoners Frank Johnson and John Henderson individually petitioned for writs of habeas corpus in 2005 after 45 days were added to their sentences for noncompliance …
Article • March 15, 2009
$1,375 Settlement For 11 Days Excessive Federal Imprisonment by Ex federal prisoner and Washington, D.C., resident Isaac McKelvin filed an administrative tort claim with the United States Department of Justice (DOJ), Federal Bureau of Prisons (BOP), for being incarcerated 11 days past his mandatory release date. He was paid $1,375 …
$15,000 Settlement For BOP's Abuse, Conspiracy Against Government Informant by Colorado federal prisoner and government informant, David Merritt, brought a federal tort action against the United States in 1999 after federal guards and officials at the Florence Supermax (ADX) facility conspired to have him killed, violated his constitutional rights and …
Article • February 15, 2009 • from PLN February, 2009
Filed under: Sentencing, Good Time
Washington Classification Reassessment Requires Notice and Hearing by The Washington State Court of Appeals held that reassessment of a prisoner’s risk classification which made him ineligible for a 50 percent sentence reduction, without notice or an opportunity to be heard, violated due process. In 2004, Charles Leon Wheeler pleaded guilty …
Article • February 15, 2009
Alabama Prisoner Entitled to Hearing on Full Jail Credit by The Court of Criminal Appeals of Alabama has held that a prisoner is entitled to an evidentiary hearing on his claim that he was not awarded sufficient jail credit. After the Jefferson Circuit Court summarily denied his habeas petition, Alabama …
Article • February 15, 2009
California Presentence Confinement Credit Not Applicable To Time On Bail by The Ventura County (California) District Attorney (DA) appealed a 2006 award of 434 days presentence confinement credit to a state prisoner subjected to electronic monitoring on bail prior to her conviction. The award was reversed. Esther Anaya was entrusted …
Article • February 15, 2009
California Prison Sentence Credits Based On Crime, Not Pleaded Offense by California State prisoner Damian Pacheco challenged the work time credit applied to his sentence pursuant to statutorily mandated violent crime enhancement, although he pled to a lesser offense. His state habeas corpus petition was denied. Pacheco broke a wooden …
Article • December 15, 2008 • from PLN December, 2008
No Filing Fee Lien Allowed in Florida Mandamus Cases by In two rulings, Florida’s First District Court of Appeal has held a circuit court departed from the essential elements of law when it placed a lien on a prisoner’s trust account to satisfy the filing fee for a mandamus petition. …
Article • November 15, 2008 • from PLN November, 2008
Filed under: Sentencing, Good Time
California Proposition 36 Drug Program Participation Credits Apply Against Subsequent Probation Revocation by California Proposition 36 Drug Program Participation Credits Apply Against Subsequent Probation Revocation The California Court of Appeal, Second District, held that when a prisoner convicted of drug possession but granted Proposition 36 probation to attend a drug …
Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody by Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody A divided panel of the Ninth Circuit U.S. Court of Appeals held that Washington State statute RCW § 9.94A.710(1) …
Brief • October 17, 2008
Donhauser v. Goord et al, NY, Order and Settlement Agreement, good time credit sex offender refusal to admit guilt, 2008
Fifth Circuit: Texas Prisoners Cannot be Disciplined for Trust Fund Deposits Initiated by Others by Matthew Clarke by Matthew T. Clarke The Fifth Circuit Court of Appeals held that prison officials must introduce evidence that a prisoner participated in a monetary transfer before they can discipline him for trafficking and …
Article • August 15, 2008
Rule Banning Litigation “Threats” May be Unconstitutional by The plaintiff lost good time for violating a rule that prohibited inmates from threatening employees with litigation during "confrontation situations." The panel opinion, 121 F.3d 222 (5th Cir. 1997), held that the claim concerning the disciplinary proceeding is barred by Preiser and …
Article • August 15, 2008
Filed under: Sentencing, Good Time
BOP Must Grant Juveniles Time Served Credits by The Ninth Circuit Court of Appeals held that the Federal Bureau of Prisons (BOP) erred in refusing to credit a juvenile offender with 35 months of presentence custody. On June 17, 2001, Jonah R., a juvenile, was arrested after shooting at a …
Article • August 15, 2008
NY Good Time Deprivation Challenge Must be Under Habeas by The Time Allowance Committee deprived the plaintiff of good time on two occasions, one involving several prior disciplinary convictions and the other involving a single conviction. The plaintiff may not challenge this deprivation via 1983; it must be pursued via …
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