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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 …
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 …
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