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Article • December 15, 2013 • from PLN December, 2013
Filed under: Sentencing, Habeas Corpus, AEDPA
Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on the Antiterrorism and Effective Death Penalty …
Article • December 15, 2013 • from PLN December, 2013
Ninth Circuit: Residential Reentry Center Walkaway is Not Escape by The Ninth Circuit Court of Appeals has held that walking away from a residential reentry center does not constitute escape under 18 U.S.C. § 751(a). In 2008, Anthony E. Burke was convicted of federal offenses in Washington State and sentenced …
Article • December 15, 2013 • from PLN December, 2013
Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement by The Minnesota Supreme Court held that the favorable resolution of criminal proceedings establishes a rebuttable presumption in favor of expungement under state law. In May 2009, a defendant identified only as RHB was charged with first- and third-degree assault …
Article • December 15, 2013 • from PLN December, 2013
Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case by The Supreme Court of Kansas has held that a prisoner is entitled to have time spent in an inpatient drug treatment facility while on probation count as jail time in a consecutive non-drug …
Brief • December 11, 2013
Castro v. County of Los Angeles, CA, Plf Answering Brief, indigent defence pretrial detainees, 2013 Ninth Circuit No. 12-56829 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JONATHAN MICHAEL CASTRO, Plaintiff and Appellee, v. COUNTY OF LOS ANGELES, LOS ANGELES SHERIFF’S DEPARTMENT, DAVID VALENTINE AND CHRISTOPHER SOLOMON, …
Publication • December 1, 2013
BJS Report on Prison and Probation, 2012 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics December 2013, NCJ 243826 Bul l etin Probation and Parole in the United States, 2012 Laura M. Maruschak and Thomas P. Bonczar, BJS Statisticians D uring 2012, the number of adults …
Brief • November 25, 2013
Filed under: Wrongful Imprisonment
Jones v. City of St. Louis, MO, Settlement Agreement, Mistaken Identity, 2013 SETTLEMENT AND CONFIDENTIALITY AGREEMENT REGARDING TRAVIS JONES V. FRANCIS SLAY f:T AL., 4:12-CV-01220 ERW This Settlement and Confidentiality Agreement (the "Agreement"), made this A/(J<.k-4• :':L. 2013, by and among Tra;is S. Jones ("Jones"), the City of St. Louis, …
Eighth Circuit Upholds North Dakota Transient’s Failure-to-Register Conviction by The Eighth Circuit Court of Appeals has upheld the conviction of a sex offender who failed to register because he temporarily had no permanent address. David L. Meador moved to North Dakota and was required to register as a sex offender. …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Good Time
California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date by In an October 15, 2012 unpublished ruling, the California Court of Appeal rejected a claim that the denial of enhanced presentence conduct credits to a defendant who committed his offense before October 1, …
Article • November 15, 2013 • from PLN November, 2013
Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner by The Fifth Circuit Court of Appeals held last year that a non-citizen federal prisoner had no constitutional right to participate in a substance abuse rehabilitation program that could reduce his sentence by up to a year. Ricardo Gallegos-Hernandez, a …
Article • November 15, 2013 • from PLN November, 2013
New Exonerations Registry Catalogs Over 2,400 Wrongful Convictions by According to the National Registry of Exonerations, more than 1,230 criminal defendants who were wrongfully convicted have been exonerated since 1989. Another 1,170 cases involving wrongful convictions were not included in the Registry&rsquo;s database because they were &ldquo;collective exonerations&rdquo; in police …
Third Circuit Reverses More Stringent Conditions of Supervised Release by Derek Gilna In 2004, Charles F. Murray was sentenced to 95 months in federal prison after pleading guilty to possession of child pornography and traveling interstate to engage in illicit sexual conduct with a minor. As part of his sentence …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Probation
California: No-Gang-Contact Probation Condition Struck Down by On October 24, 2012, the California Court of Appeal modified a no-gang-contact condition of probation placed on a defendant who had pleaded no contest to possessing methamphetamine. The appellate court held that because neither the defendant nor his family had any ties to …
Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release by Derek Gilna In a case of first impression, the Ninth Circuit Court of Appeals held that the period of time spent in civil confinement under the Adam Walsh Act does not constitute “imprisonment,” and that a defendant’s period …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Habeas Corpus, AEDPA
Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on the Antiterrorism and Effective Death Penalty …
Brief • November 4, 2013
Barnes v. District of Columbia, Settlement, Strip Search & Overdetention Class Action, 2013 Case 1:06-cv-00315-RCL Document 465 Filed 11/04/13 Page 1 of 3 UNITED STATES DISTRICT COURT OF THE DISTRICT OF COLUMBIA CARL BARNES, et al., Plaintiffs, Civil Action No: 06-0315 (RCL) v. THE DISTRICT OF COLUMBIA, Defendant. JOINT MOTION …
Publication • November 1, 2013
Filed under: Parole
PEW - The Impact of Parole in New Jersey, 2013 A brief from Nov 2013 The Impact of Parole in New Jersey Overview Nearly 700,000 offenders were released from U.S. prisons in 2011.1 Ensuring their successful re-entry into the community remains a critical issue for public safety. A new analysis …
Miller et al v. Deal et al, GA, Plf Brief, child support debtors prison, 2013 IN THE SUPREME COURT STATE OF GEORGIA ____________________ NO. S13G1197 ____________________ RANDY MILLER, ET AL., PETITIONERS, v. NATHAN DEAL, ET AL., RESPONDENTS. ____________________ ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF GEORGIA ____________________ …
Brief • October 22, 2013
Morales v. Monreal, IL, Complaint, Denial of Counsel at Parole Hearings Class Action, 2013 Case: 1:13-cv-07572 Document #: 1 Filed: 10/22/13 Page 1 of 21 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MOISES MORALES; MONTREAL THOMAS; and JOAQUIN ROCHA on behalf …
Article • October 15, 2013 • from PLN October, 2013
Sex Offenders Who Fail to Register May Receive Life Sentence Under California’s “Three Strikes” Law by The California Supreme Court has held that, depending on the specifics of the underlying offense, failure to register as a sex offender may subject a defendant with two qualifying prior serious and/or violent convictions …
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