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Article • February 15, 2014 • from PLN February, 2014
Filed under: Sentencing
California: State Prisoner Cannot Serve Concurrent Sentence in County Jail by On February 15, 2013, the California Court of Appeal held that when a sentence that otherwise would have been served in a county jail is ordered to run concurrent to a sentence already being served in state prison, the …
Article • February 15, 2014 • from PLN February, 2014
Medical Parole for Texas Prisoners on the Decline by Matthew Clarke by Matt Clarke The number of prisoners granted medical parole in Texas decreased in fiscal year 2012 compared with those paroled due to medical reasons in the previous two years. The Texas Board of Pardons and Paroles approved just …
Article • February 15, 2014 • from PLN February, 2014
Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence by Christopher Zoukis In 1984, Robert E. Nelson was convicted and sentenced by Jackson County, Missouri Circuit Court Judge David M. Byrn to 50 years in prison for forcible rape, 5 years for forcible sodomy and 15 years for …
Herrera v. NM Corrections Dept, NM, Complaint, Improper Sentencing, 2014 Case 1:13-cv-01176-MV-KBM Document 10 Filed 01/20/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CARLOS HERRERA, Plaintiff, vs. 1:13-cv-01176-MV/KBM NEW MEXICO CORRECTIONS DEPARTMENT, R.\NDY DORMAN, individually and in his official capacity, MARY …
Article • January 15, 2014 • from PLN January, 2014
Hidden Agenda Fuels Challenge to Pivotal Death Penalty Case by David Protess Anthony Porter, the exonerated death row prisoner whose jubilant release from prison in February 1999 was the catalyst for abolishing the death penalty in Illinois, is back in the news after living in relative obscurity for years. A …
Article • January 15, 2014 • from PLN January, 2014
Seventh Circuit: Lifetime Supervision in Pornography Case Set Aside by Derek Gilna The Seventh Circuit Court of Appeals has overturned a “supervision for life” provision imposed by the U.S. District Court for the Western District of Wisconsin when defendant Nicolai D. Quinn was sentenced to 97 months imprisonment for possession …
Article • January 15, 2014 • from PLN January, 2014
Pennsylvania Woman Jailed for Failure to Pay Parking Tickets by The increased use of jail for debtors resulted in a Pennsylvania woman being imprisoned for not paying parking ticket fines. “It was a short and sweet hearing,” stated Lancaster County Constable Karl Salisbury. “The judge said, ‘you owe $2,300 collateral. …
Article • January 15, 2014 • from PLN January, 2014
Controversy, Litigation and Performance Problems Plague Private Probation Services by David Reutter by David M. Reutter and Alex Friedmann Defendants who are placed on probation and ordered to pay a growing array of fines and fees levied by local governments facing budget deficits, combined with additional fees charged by private …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Sentencing, Parole
California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings by John Dannenberg by John E. Dannenberg On December 16, 2013, the California Board of Parole Hearings (Board) and life-sentenced state prisoner Roy Butler entered into a settlement agreement wherein the Board agreed to fix base …
New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment by Christopher Zoukis In March 2012, a New York state prisoner was awarded $15.7 million after being left a quadriplegic due to inadequate medical care. The judgment was entered by a New York Court of Claims which found …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket by The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal. Francisco …
Article • January 15, 2014 • from PLN January, 2014
Res Judicata Doesn't Bar Ohio Post-release Control Challenge by The Ohio Supreme Court has held that “when a criminal defendant is improperly sentenced to post-release control, res judicata does not bar the defendant from collaterally attacking his conviction for escape due to an earlier post-release-control sentencing error.” In 1998, Donald …
SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits by The South Carolina Supreme Court held in late 2012 that the Administrative Law Court (ALC) may not summarily dismiss a prisoner’s appeal of a disciplinary conviction “solely on the basis that it involves the loss …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Sentencing, Ex Post Facto
Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999 by The Oregon Court of Appeals has held that for crimes committed between February 17, 1999 and October 23, 1999 (aka “the McLain window”), the only permissible sentence for a murder conviction was 300 months in prison followed by …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees by The Tenth Circuit Court of Appeals reversed a district court’s ruling that state corrections employees could be held liable only for their own initial 2- to 3-minute detention of two suspects, and not for further detention …
Brief • January 7, 2014
Filed under: Good Time, Overdetention
Ankeney v. Colorado, CO, Complaint, Good Time Miscalculation, 2014 Case 1:14-cv-00007-MSK Document 9 Filed 01/07/14 USDC Colorado Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 2014-cv-00007-MSK-KMT___________ RANDAL ANKENEY, individually and on behalf of all others similarly situated; FRED DALE, individually …
Tankleff v. New York, NY, Settlement, Wrongful Conviction, 2014 STATE OF NEW YORK - COURT OF CLAIMS .. -- ------------------ --------- ------------------------------ ----X MARTIN TANKLEFF, STIPULATION OF SETTLEMENT AND DISCONTINUANCE Claimant, Claim No. 118655 Lopez-Summa, 1. againstTHE STATE OF NEW YORK, Defendant(s), ..---------------------------------------------------------------X WHEREAS, the parties hereto have agreed to …
Human Rights Watch: Nation Behind Bars -- A Human Rights Solution, 2014 H U M A N R I G H T S W A T C H NATION BEHIND BARS A HUMAN RIGHTS SOLUTION NATION BEHIND BARS A HUMAN RIGHTS SOLUTION Introduction.......................................................................................................................................3 Background: Rates of Incarceration and Basic Criminal …
Brief • December 23, 2013
Doe v. New Hampshire, Criminal Justice Reform Amicus Brief, Ex Post Facto Sex Offender Registry, 2013 THE STATE OF NEW HAMPSHIRE SUPREME COURT DOCKET 2013- John Doe v. State of New Hampshire Appeal from Merrimack County Superior Court __________________________________________________________________ Brief of Amicus Curiae Citizens for Criminal Justice Reform in Support …
Brief • December 16, 2013
Filed under: Parole, Habeas Corpus
In re Butler, CA, Settlement Order, Parole Board Standards Habeas Suit, 2013 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION 2 In re ROY BUTLER On Habeas Corpus. Case Nos. A139411 & A137273 Alameda County Case No. 91694B STIPULATION AND [~] ORDER REGARDING SETTLEMENT …
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