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Article • October 15, 2013 • from PLN October, 2013
Filed under: Sentencing, Good Time
California: Court May Not Award Increased Presentence Conduct Credits to Categorically Disqualified Prisoners by On July 19, 2012, the California Supreme Court held that a trial court’s discretionary power to dismiss a criminal action “in furtherance of justice” pursuant to Penal Code Section 1385 did not extend so far that …
Article • October 15, 2013 • from PLN October, 2013
Special Sex Offender Release Conditions Vacated by Tenth Circuit by Derek Gilna When Ronald D. Dougan pleaded guilty in January 2011 to robbing an Oklahoma City, Oklahoma post office of $220, he likely did not anticipate the unforeseen consequences that would result due to his previous 1978 conviction for sexual …
Brief • October 10, 2013
Polk v. Nugent, FL, Appellant Brief, Wrongful Conviction for Child Rape, 2013 Docket No. 13-13384 IN THE UNITED STATES COURT OF APPEALS ELEVENTH CIRCUIT DAVID RANDALL POLK, Appellant, v. HON. JOE NUGENT, as Sheriff of Gulf County, FRANK McKEITHEN, RITA PIERCY and TOM GODWIN, individually, Appellees. Civil Appeal Northern District …
Brief • October 10, 2013
Filed under: Wrongful Imprisonment
Davis and Northrop v. Clark County, WA, Agreement, Wrongful Incarceration, 2013 AGREEMENT, ASSIGNMENT & COVENANT NOT TO EXECUTE This Agreement, Assignment, & Covenant Not to Execute ("the Agreement") pertains to the following lawsuit: Larry Davis and Alan Northrop v. Clark County and Donald Slagle, United States District Court Western District …
Collins v. City of Chicago, IL, Verdict, False Imprisonment and Malicious Prosecution, 2013
Article • September 15, 2013 • from PLN September, 2013
High-Tech, High-Risk Forensics by Osagie K. Obasogie by Prof. Osagie K. Obasogie When the police arrived last November at the ransacked mansion of the millionaire investor Raveesh Kumra, outside of San Jose, California, they found Mr. Kumra had been blindfolded, tied and gagged. The robbers took cash, rare coins and …
Article • September 15, 2013 • from PLN September, 2013
Habeas Hints: Actual Innocence 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 Act (AEDPA), the federal …
Article • September 15, 2013 • from PLN September, 2013
Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand by Derek Gilna Viterbo Liranzo, born in the Dominican Republic, was a U.S. citizen through section 321 of the Immigration and Naturalization Act, which conferred derivative citizenship on children of U.S. citizens. He was required to apply for a …
Article • September 15, 2013 • from PLN September, 2013
Filed under: Sentencing, Probation
Pennsylvania: Parole Board May Expound on Court-ordered Probation Conditions by On September 7, 2012, the Pennsylvania Supreme Court held that a lower court had incorrectly reversed a probation revocation that was premised on the violation of a probation condition imposed by the Pennsylvania Board of Probation and Parole (Board), rather …
Article • September 15, 2013 • from PLN September, 2013
Washington Community Custody, Sex Offender Registration and Release Conditions Modified by On September 13, 2012, the Washington Court of Appeals, Division Three, instructed a lower court to clarify a sex offender’s length of community custody, correct his registration requirement, revise prohibitions regarding dating relationships and strike conditions related to Internet …
Article • September 15, 2013 • from PLN September, 2013
Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time by The Second Circuit Court of Appeals held on August 7, 2012 that prison officials who failed to properly award parole jail time (PJT) credits to two prisoners serving concurrent prison and jail sentences were entitled to …
Brief • September 13, 2013
Avalos-Palma v. United States, NJ, Complaint, Wrongful Deportation, 2013 Case 3:13-cv-05481-FLW-TJB Document 1 Filed 09/13/13 Page 1 of 12 PageID: 1 Jonathan H. Feinberg Attorney I.D. No. 01376-2001 (NJ) KAIRYS, RUDOVSKY, MESSING & FEINBERG LLP The Cast Iron Building 718 Arch Street, Suite 501 South Philadelphia, PA 19106 (215) 925-4400 …
Publication • September 1, 2013
Lockup Quota Report In the Public Interest 2013 .. Criminal How Lockup Quotas and “Low-Crime Taxes” ations Guarantee Profits for Private Prison Corpor A Publication of In the Public Interest | S e pt e m b e r 2 0 1 3 I n th e p u b …
Brief • September 1, 2013
Allen v. Heyns, MI, Order Granting Pls' MSD & Denying Defs' MSD, Class Action, Parolable Life Sentences, 2013 STATE OF MICHIGAN IN THE 30TH (INGHAM COUNTY) CIRCUIT COURT ______________________________________________ EDWARD ALLEN, OLIVER HARDY, and MICHAEL WATKINS, on behalf of themselves and all others similarly situated, Plaintiffs, File No. 12-907-CZ v. …
Brief • August 22, 2013
Filed under: Good Time, Overdetention
Ankeney v. Colorado, CO, Ruling, Good Time Miscalculation, 2013 Page 1 1 of 1 DOCUMENT Randal Ankeney, Plaintiff-Appellant, v. Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; Rae Timme, Warden of the Fremont Correctional Facility; and John Suthers, Colorado Attorney General, Defendants-Appellees. Court …
Brief • August 16, 2013
Rojsza v. City of Ferndale, WA, Complaint, false arrest 14th Am ethnic bias unlawful detention, 2012
Article • August 15, 2013
Habeas Relief Unavailable for Civil Rights Violations by The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has affirmed a District Court’s dismissal of a prisoner’s habeas action because it presented only civil rights claims. In March of 2001, Steven Glaus began hepatitis C (hep C) treatment at …
Article • August 15, 2013
Judicial Estoppel Bars Government’s Shifting Legal Positions by The Ninth Circuit Court of Appeals held that the government was barred from arguing in federal court that a parole challenge was moot, after successfully arguing in state court that it was. Oregon prisoner Leslie Whaley was released on parole, but the …
Article • August 15, 2013
Maryland Prisoner Gets Sentence Reduction Credits for “Special Project” Work by Bradford Holup, a Maryland state prisoner, received special training to do blood-spill cleanup work and did that kind of work for over two years in Maryland prisons. Blood-spill cleanup work qualifies as “special project” work for which prisoners are …
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP …
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