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Article • August 8, 2014 • from PLN August, 2014
Filed under: Parole
South Carolina Supreme Court Reverses Parole Denial by Michael Brodheim South Carolina Supreme Court Reverses Parole Denial by Michael Brodheim The Supreme Court of South Carolina, exercising the sort of common sense not found in the courts of more “liberal” states like California, held on July 3, 2013 that retroactive …
Article • August 7, 2014 • from PLN August, 2014
U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions by Derek Gilna U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions by Derek Gilna It’s always hard for the federal government to admit its mistakes, especially when they have ruined tens of thousands of lives, devastated inner-city neighborhoods …
Article • August 7, 2014 • from PLN August, 2014
Filed under: Private Prisons, Sentencing
How to Starve the For-profit Prison Beast by Justin Jones How to Starve the For-profit Prison Beast by Justin Jones I know some private prison lobbyists who would love it if you were found with a cell phone. Assuming, of course, that you’re already locked in one of the prisons …
Publication • August 1, 2014
Consequences of Criminal Proceedings in NY Legal Guide Bronx Defenders 2014 THE CONSEQUENCES OF CRIMINAL PROCEEDINGS IN NEW YORK STATE A GUIDE FOR CRIMINAL DEFENSE ATTORNEYS, CIVIL LEGAL SERVICES ATTORNEYS, AND OTHER REENTRY ADVOCATES (August 2014 Edition) General Practice Tips  The U.S. Supreme Court held in Padilla v. Kentucky …
Publication • August 1, 2014
Policing and Wrongful Convictions NIJ 2014 New Perspectives in Policing augus t 2014 VE RI TAS HARVARD Kennedy School Program in Criminal Justice Policy and Management National Institute of Justice Policing and Wrongful Convictions Anthony W. Batts, Maddy deLone and Darrel W. Stephens Introduction Executive Session on Policing and Public …
Brief • July 30, 2014
Hickman v. United States (BOP), MN, Complaint - Illegal Imprisonment FTCA - Fair Labor Standards, 2014 CASE 0:14-cv-03041-ADM-JSM Document 1 Filed 07/30/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________________________ Jermaine Hickman, File No. ______________ Plaintiff, v. COMPLAINT AND JURY DEMAND United States of America, Defendant. …
Article • July 11, 2014 • from PLN July, 2014
North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated by Derek Gilna North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated by Derek Gilna Following a 2011 federal appellate court ruling, the U.S. Department of Justice (DOJ) initially tried to delay the release of federal prisoners …
Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency by Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), mandates sentence enhancements for certain federal defendants who commit crimes with firearms; those who have three or …
Brief • July 11, 2014
Miller et al v. Deal et al, GA, Order, child support debtors prison, 2014 In the Supreme Court of Georgia Decided: July 11, 2014 S13G1197. MILLER et al. v. DEAL et al. BLACKWELL, Justice. In this lawsuit against the Department of Human Services,1 the trial court certified a class of …
Article • July 9, 2014 • from PLN July, 2014
Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim The Seventh Circuit Court of Appeals has held that a prisoner seeking collateral relief cannot avoid paying appellate filing fees. Following a murder conviction, Indiana prisoner …
Article • July 9, 2014 • from PLN July, 2014
Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings by Mark Wilson Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings by Mark Wilson The Illinois Supreme Court held in September 2013 that a $50 State’s Attorney fee authorized in habeas corpus cases does not apply to non-habeas …
Article • July 9, 2014 • from PLN July, 2014
Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner by David Reutter Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner by David Reutter To correct a “grave miscarriage of justice,” Pennsylvania U.S. District Court Judge Anita Brody granted a writ of habeas corpus to a …
Article • July 9, 2014 • from PLN July, 2014
Decline in Arrests of Los Angeles County Probation Officers by Decline in Arrests of Los Angeles County Probation Officers The Los Angeles County Probation Office has cited tougher self-policing and stricter hiring standards for a dramatic decrease in the number of employees arrested for driving under the influence and various …
Article • July 9, 2014 • from PLN July, 2014
Ninth Circuit: Damages Required for Compelled Religious-Based Treatment by Mark Wilson Ninth Circuit: Damages Required for Compelled Religious-Based Treatment by Mark Wilson The Ninth Circuit Court of Appeals has held that damages are required, as a matter of law, when a parolee is incarcerated for objecting to compelled participation in …
Article • July 9, 2014 • from PLN July, 2014
Oregon Parole Board: “Don’t Have to Explain Nothing to Nobody” by Oregon Parole Board: “Don’t Have to Explain Nothing to Nobody” For at least the fifth time, a state court has ordered the Oregon Board of Parole and Post-Prison Supervision (Board) to provide more than boilerplate reasons for its decisions. …
Brief • July 9, 2014
Diaz v. City of New York, NY, Preliminary Statement, false arrest imprisonement, 2014 Case 1:14-cv-05126-JGK Document 2 Filed 07/09/14 Page 1 of 11 Case 1:14-cv-05126-JGK Document 2 Filed 07/09/14 Page 2 of 11 Case 1:14-cv-05126-JGK Document 2 Filed 07/09/14 Page 3 of 11 Case 1:14-cv-05126-JGK Document 2 Filed 07/09/14 Page …
Brief • June 18, 2014
Farias v. County of Los Angeles, CA, Complaint, Unlawful Detention and Dog Shooting, 2014 Case 2:14-cv-04667-R-SS Document 1 Filed 06/18/14 Page 1 of 12 Page ID #:1 1 John Burton, State Bar No. 86029 2 THE LAW OFFICES OF JOHN BURTON 4 East Holly Street, Suite 201 3 Pasadena, California …
Article • June 12, 2014 • from PLN June, 2014
Consequences of California’s Realignment Initiative by Christopher Petrella Consequences of California’s Realignment Initiative by Christopher Petrella and Alex Friedmann David Harvey, Distinguished Professor of Anthropology and Geography at the City University of New York, writes that “capitalism never resolves its problems; it simply rearranges them geographically.” The same can be …
Article • June 7, 2014 • from PLN June, 2014
Filed under: Sentencing
Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction by David Reutter Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction by David M. Reutter The Kansas Supreme Court reversed a prisoner’s sentence for possession of contraband – a small amount of …
Article • June 6, 2014 • from PLN June, 2014
Filed under: Parole
California: Lack of Insight Cannot be Inferred when Prisoner Accepts Responsibility for Crime and Expresses Genuine Remorse by Michael Brodheim California: Lack of Insight Cannot be Inferred when Prisoner Accepts Responsibility for Crime and Expresses Genuine Remorse by Michael Brodheim In the wake of the California Supreme Court’s ruling in …
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