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Clemency Petition Not Subject to FOIA by On December 1, 2008, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s order denying a Freedom of Information Act (FOIA) request for copies of a commutation petition filed by John Walker Lindh, the so-called “American Taliban.” In January …
Article • April 15, 2009
The Fall of the Presidential Pardon, by Maya Schenwar by Maya Schenwar The Fall of the Presidential Pardon Thursday 02 April 2009 by: Maya Schenwar, t r u t h o u t In the last throes of the Bush presidency, reporters and citizens alike waited restlessly for the announcement …
Article • April 15, 2009
Florida Legislature Proposes Automatic Restoration of Felons’ Civil Rights by David Reutter by David M. Reutter “I believe in personal redemption, that people can learn from their mistakes, and that people who take those lessons to heart and apply them to their lives deserve a second chance," proclaims Florida Governor …
Article • April 15, 2009 • from PLN April, 2009
Thousands Sought Pardons or Commutations from Bush, but Few Were Fortunate by Brandon Sample It is not unusual to see an increase in requests for pardons in the waning days of a presidential administration. President Clinton, for example, received 1,827 petitions during his final year in office. However, with harsh …
Article • August 15, 2008
Clemency Challenge Must be Under Habeas by The plaintiff, scheduled for execution, complained that the Governor who passed on his clemency application was the Attorney General at the time of prior proceedings in his case. Since his underlying claim in the clemency application concerned error at trial, the relief he …
Article • July 15, 2008 • from PLN July, 2008
Out-going Kentucky Governor Issues 101 Pardons, Commutations by David Reutter In December 2007, during his last hours in office, out-going Kentucky Gov. Ernie Fletcher made state history by issuing 101 sentence commutations or pardons. While some of those acts of executive clemency appear to be meritorious, others smack of cronyism. …
Article • July 15, 2008
Texas Act Requires Compelling Reasoning for Nondisclosure of Requested Prisoner Information by The Office of the Attorney General (AG) of the State of Texas opined the legal parameters regarding the release of prisoner information by the Texas Department of Criminal Justice (TDCJ). The opinion is in accordance with the State's …
Release of Medically Incapacitated Prisoners Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis by Release of Medically Incapacitated Inmates Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis Will the Board of Parole Hearings and the Schwarzenegger Administration Follow the Law? …
Article • May 15, 2008
Texas Clemency Procedures Constitutional by The Texas clemency procedures did not deny due process. Only minimal procedural safeguards apply. Prisoners can submit whatever information they want and the Board members review whatever they think is material to the request. That is enough. See: Faulder v. Texas Bd. of Pardons & …
Article • April 15, 2008 • from PLN April, 2008
Pennsylvania Lifers' Commutation-Law Ex Post Facto Suit Remanded to Determine Standing by John Dannenberg by John D. Dannenberg In 1997, an amalgam of Pennsylvania prisoners, taxpayers and public interest groups sued the Pennsylvania Board of Pardons (Board) and top state officials in U.S. District Court, challenging restrictive 1997 amendments to …
Article • January 15, 2008
Commutation Decision, Not Reasoning, Discloseable Under Act in Board of Pardon's Denial by Pennsylvania state prisoner Frank Senk sought review of the Board of Pardon's (Board) refusal to produce files related to the Board's continuous denial of his application for commutation. The court ruled that disclosure of the requested documents …
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
Article • May 15, 2007
Clemency Proceedings Require Only Rudimentary Due Process by The United States Supreme Court, affirming Ohio's clemency procedures, held that the due process requirements for clemency hearings are rudimentary. Eugene Woodard was convicted of murder in the course of carjacking and was sentenced to death. Forty-five days prior to his scheduled …
Article • May 15, 2007
Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date by Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date In a case of first impression, the California Appellate Court held the waiting period to re-apply for a certificate of rehabilitation by ex felons commences …
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 • January 15, 2006 • from PLN January, 2006
California's New Governor Has Paroled 102 Lifers, But Rejected Twice That Many by The good news is that as of September 30, 2005, California Governor Arnold Schwarzenegger has approved 102 lifers for parole since taking office two years ago, a vast improvement over former Governor Gray Davis' record of paroling …
Article • December 15, 2005 • from PLN December, 2005
Politics Keeps Arizona Clemency Approvals Rare by by John E. Dannenberg Only seven Arizona prisoners were granted clemency in 2004, four of whom were on their death beds. This gaunt statistic is the natural progression resulting from Arizona's abolishing parole a decade ago, replacing justice with politics in the form …
New York Appeals Court Upholds Former Senator’s Return To Rikers by The Appellate Division of the New York Supreme Court, First Department, has ordered former state senator Guy J. Velella and four others (the petitioners) back to jail. In reaching this decision the court found that the petitioners had been …
Article • August 15, 2004 • from PLN August, 2004
Florida's Felon Disenfranchisement Law Under Spotlight by David Reutter by David M. Reutter Since the 2000 presidential election, Florida's voting laws have been under scrutiny. One of the issues being debated is Florida's constitutional provision that permanently disenfranchises felons. When Florida gave blacks the right to vote as a condition …
Article • December 15, 2003
Number of Presidential Pardons Declining by Michael Rigby In spite of a rising number of requests, presidential pardons have become virtually non-existent under the George W. Bush administration. During his first two years in office Bush neither granted any pardons nor commuted any sentences. On December 23, 2002, Bush finally …
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