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Federal Court Must Give Reasons for Special Conditions of Supervised Release by David Reutter The Sixth Circuit Court of Appeals has reversed a district court’s imposition of four special conditions of supervised release, due to the court’s failure to explain its reasons for imposing them. Rashan R. Doyle was convicted …
Article • April 15, 2014 • from PLN April, 2014
Texas: False Arrest and Malicious Prosecution Result in $411,865.18 Recovery by A Texas probationer subjected to false arrest and malicious prosecution has been awarded $169,000 in damages plus attorneys’ fees and costs. Thomas Hannon, 37, unemployed and on probation, had an outstanding arrest warrant for probation revocation. Dallas police knew …
Risk Assessment Cannot Solve Systemic Injustice of Prisons by Glenn E. Martin by Glenn E.Martin, Truthout After 40 years of waging a failed war on crime in poor communities, conservative and progressive policy makers finally are being compelled to release the pressure valve and find ways to reform our troubled criminal …
$15.5 Million Settlement for Mentally Ill Jail Detainee Held in Solitary Confinement by A mentally ill detainee who was placed in solitary confinement in a New Mexico county jail for nearly two years, without adequate medical or mental health care, accepted a $15.5 million settlement for violations of his civil …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Sentencing
U.S. Supreme Court: District Courts Can Make Federal Sentences Consecutive or Concurrent to Future State Sentences by On March 28, 2012, the U.S. Supreme Court held that a federal district court may impose a federal prison term that is consecutive to an anticipated future state court sentence. In February 2014, …
Article • April 15, 2014 • from PLN April, 2014
Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search by Last year the Supreme Court of Iowa reversed a parolee’s conviction on drug charges, holding that his acceptance of a search condition in a parole agreement did not constitute voluntary consent, and therefore a warrantless, suspicionless search …
Article • April 15, 2014 • from PLN April, 2014
Colorado Prisoner who Murdered Guard Gets Life Without Parole by Last month, Prison Legal News reported that the parents of a slain Colorado prison guard did not want the prisoner who murdered him to face the death penalty. Edward Montour, who beat Lima Correctional Facility guard Eric Autobee to death …
Article • April 15, 2014 • from PLN April, 2014
GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms by Christopher Zoukis Los Angeles County’s GPS monitoring system, designed to keep track of high-risk probationers, has overwhelmed probation officers with thousands of false alerts each day – so many that some officers simply ignore them. As a …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Sentencing
Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence by Mark Wilson On June 6, 2013, the Eighth Circuit Court of Appeals held that a prisoner was not entitled to credit toward his federal sentence for time already served on state charges. In March 2007, Charles Lee Elwell was arrested …
Restivo v. Nassau County, NY, Jury Award, Wrongful Conviction, 2014
Restivo v. Nassau County, NY, Verdict, Wrongful Conviction, 2014 Case 2:06-cv-06720-JS-WDW Document 198 Filed 04/11/14 Page 1 of 20 PageID #: 2546
Article • March 15, 2014 • from PLN March, 2014
Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation by Matthew Clarke by Matt Clarke In a November 14, 2012 opinion, the Texas Court of Criminal Appeals held prosecutors are not required to prove that a probationer was able to pay fees and fines when his probation …
Article • March 15, 2014 • from PLN March, 2014
Filed under: Sentencing, Parole
South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date by The South Dakota Supreme Court has held that the state Board of Pardons and Paroles (Board) exceeded its authority when it calculated a prisoner’s initial parole release date by treating Class 4 felonies as Class 2 felonies. Lloyd Rowley was …
Article • March 15, 2014 • from PLN March, 2014
Kentucky Supreme Court: Probation Cannot be Extended for Sex Offender Treatment by The Supreme Court of Kentucky has held that a probationer’s period of probation cannot be extended to require completion of a sex offender treatment program. Elmer David Miller was originally charged with felony first-degree unlawful transaction with a …
Washington Jail Denied Good Time without Due Process; Rehearing Ordered by The Washington Court of Appeals held in an unpublished opinion that a prisoner was denied good time credits without adequate due process protections. Allen Michael Knoll was held in the Skagit County jail between March 2011 and August 30, …
Michigan Parole and Probation Supervision Scrutinized; Three Officials Fired by The failure to properly supervise parolees and probationers accused of committing high-profile murders has resulted in the firing of three Michigan Department of Corrections (MDOC) employees. The MDOC supervises around 20,000 parolees and 50,000 probationers. “Our parole/probation staff performs critical …
Brief • March 4, 2014
Galarza v. Szalczyk, PA, 3rd Circuit Opinion, ICE Detention US Citizen, 2014 PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 12-3991 _____________ ERNESTO GALARZA, Appellant v. MARK SZALCZYK; CITY OF ALLENTOWN; LEHIGH COUNTY; GREG MARINO; CHRISTIE CORREA _____________ On Appeal from the United States District Court …
Brief • February 25, 2014
Hall v. Arneson et al, 9th Cir, App Opening Brief, wrongful conviction imprisonment, 2014 No. 13-56441 THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HAROLD C. HALL, Plaintiff and Appellant, v. MARK ARNESON and KENNETH CROCKER, Defendants and Appellees. C.D. Cal. No. CV 05-1977 ABC Appeal from an …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief by In March 2013, the Ninth Circuit Court of Appeals reversed a district court’s dismissal of a pro se habeas petitioner’s claim that his 9-year detention while waiting for the State of California to initiate civil commitment proceedings was …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Sentencing, Three Strikes
California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act by The California Court of Appeal held on March 20, 2013 that a prisoner whose prior record includes a juvenile adjudication for a serious or violent felony may not receive a county jail commitment, even if …
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