Skip navigation

Search

215 results
Page 8 of 11. « Previous | 1 2 3 4 5 6 7 8 9 10 11 | Next »

Article • June 15, 2006 • from PLN June, 2006
California Ex-Con DNA Collection Law Ruled Not Retroactive by John E Dannenberg by John E. Dannenberg The U.S. District Court, N.D. Cal., ruled that Californias recent Proposition 69, which provides for DNA collection from all convicted persons, does not apply retroactively to exconvicts who have been discharged from custody, parole …
BOP Enjoined from Terminating Boot Camp Program by A Massachusetts federal district court has entered a preliminary injunction against the Bureau of Prisons (BOP), enjoining it from terminating its boot camp" incarceration program, pending compliance with the Administrative Procedures Act (APA), and requiring good faith consideration of the plaintiff for …
Article • August 15, 2005 • from PLN August, 2005
U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow by U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow by John E. Dannenberg The U.S. Supreme Court held that state …
Article • April 15, 2005 • from PLN April, 2005
Filed under: Sentencing, Ex Post Facto
California Criminal Fine Surcharges Ruled Ex Post Facto by The California Court of Appeals determined that surcharges on fines levied upon criminal convictions were ex post facto where the laws establishing the surcharges were punitive and were enacted after the crimes had been committed. Daniel High was convicted of property …
Article • March 15, 2005 • from PLN March, 2005
Harsher Oregon Parole Statute Cannot Be Applied Retroactively by by John E. Dannenberg A divided panel of the Ninth Circuit U.S. Court of Appeals ruled that Oregon's Revised Statute § 144.125(3)(a) (1993) was an ex post facto law as applied to denying parole to an Oregon prisoner whose crime predated …
Iowa Sex Offender Residence Restrictions Unconstitutional by by Matthew T. Clarke A federal court in Iowa has held that the residential restrictions placed upon sex offenders by Iowa Code § 692A.2A are unconstitutional. John Does I-III, Iowa sex offenders, filed a class-action suit under 42 U.S.C. § 1983 in Iowa …
Article • December 15, 2004 • from PLN December, 2004
California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot by John E Dannenberg by John E. Dannenberg The California Court of Appeals held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a …
Article • November 15, 2004 • from PLN November, 2004
PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award by David Reutter The Eleventh Circuit Court held the attorney fee cap of the Prison Litigation Reform Act (PLRA) applies to parole cases and is constitutional and allows a fees-on-fees award. Georgia prisoner Coleman Jackson filed a joint motion …
Article • November 15, 2004 • from PLN November, 2004
Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time" by by Matthew T. Clarke The Texas Court of Criminal Appeals has recently clarified the meaning of the recent statute allowing the award of parole "street time" credits for prisoners convicted of non-violent crimes. Lucian Lee Spann and Andrew Michael …
Article • June 15, 2004 • from PLN June, 2004
Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release on Parole by John E Dannenberg Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release On Parole by John E. Dannenberg The US District Court (E.D. Pa.) held that a 1996 amendment to the Pennsylvania …
Article • May 15, 2004 • from PLN May, 2004
No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes by No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes The Washington state supreme court unanimously held that a prisoner determined by the Washington state Department of Corrections (DOC) …
Article • January 15, 2004 • from PLN January, 2004
U.S. Parole Law Amendment Ruled Ex Post Facto as Applied by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals ruled that a 1987 change to the U.S. Sentencing Reform Act (SRA) (18 U.S.C. § 4206(c)) that allowed for parole eligibility to be extended beyond …
Article • October 15, 2003 • from PLN October, 2003
U.S. Supreme Court: Reviving Expired Statute of Limitations Violates Ex Post Facto by U.S. Supreme Court: Reviving Expired Statute of Limitations Violates Ex Post Facto Clause Reversing the California Court of Appeal, the U.S. Supreme Court ruled that California's recent law reviving criminal liability for previously time-barred prosecutions violated the …
Article • July 15, 2003 • from PLN July, 2003
California Governor Has Carte Blanche in Denying Lifer Paroles by Marvin Mentor The California Supreme Court ruled that the governor has almost unlimited power to reverse a decision of the parole board (Board of Prison Terms ("BPT")) and that his decision may be reviewed by a court only to see …
Article • July 15, 2003 • from PLN July, 2003
U.S. Supreme Court Upholds Sex Offender Registration Laws by In two decisions handed down on March 5, 2003, the United States Supreme Court reversed the Ninth and Second U.S. Circuit Courts of Appeal, both of which had struck down state sex offender registration laws, popularly known as "Megan's Law(s)." In …
Article • July 15, 2003 • from PLN July, 2003
Joinder of Georgia Annual Parole Hearing Injunction is Rejected by The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration hearings. James …
Article • September 15, 2002 • from PLN September, 2002
Connecticut Retroactive Application of 85% Rule Violates Ex-Post Facto by The Connecticut Supreme Court has decided that retroactive application of a State law raising the time for parole eligibility from 50% to 85% of time served violates the ex post facto clause of the U.S. Constitution. The court further found …
Article • August 15, 2002 • from PLN August, 2002
New Jersey Goes Online with Sex Offender Website by A federal district court in New Jersey has denied sex offender plaintiffs Motion for Preliminary Injunction Relief seeking to prevent implementation of New Jersey's (NJ) Internet sex offender registry, but barred the listing of the offenders' home addresses. On November 7, …
Article • February 15, 2002 • from PLN February, 2002
Section 1983 Civil Rights Claims Not Barred by Kansas Tort Remedies by The Kansas Court of Appeals held that the existence of adequate state tort remedies did not bar claims under 42 U.S.C. § 1983, and that the limitation period for § 1983 claims is two years. Kansas prisoner James …
Article • December 15, 2001 • from PLN December, 2001
Arizona Supreme Court Upholds Application of Gate Money Amendments by The Arizona Supreme Court, sitting en banc , held that amendments to Arizona's "Gate Money" statute were not applied retroactively and did not violate due process or ex post facto prohibitions. Arizona prisoner Reinhold Zuther was convicted in 1992. At …
Page 8 of 11. « Previous | 1 2 3 4 5 6 7 8 9 10 11 | Next »