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Brief • August 5, 2013
Wilson v. Winges-Yanez, OR, Reply to Resp. to Mtn. for PI, 2013 Case 3:13-cv-00740-KI Document 29 Filed 08/05/13 Page 1 of 8 Page ID#: 183 Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oak Street Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Plaintiff UNITED STATES …
Publication • August 1, 2013
Reconsidering Early Release Georgetown J. of Law and Pub. Policy 2013 ARTICLES Clemency, Parole, Good-Time Credits, and Crowded Prisons Reconsidering Early Release PAUL J. LARKIN, JR.* INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . …
Brief • July 26, 2013
Filed under: Wrongful Conviction
Fields v. Wharrie, IL, Appeals Brief, Wrongful Conviction, 2013 Case: 13-1195 Document: 17 Filed: 07/26/2013 Pages: 28 NO. 13-1195 IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT _____________________________________________________ NATHSON FIELDS, Plaintiff-Appellee, vs. LARRY WHARRIE AND DAVID KELLEY, Defendants-Appellants. _____________________________________________________ Appeal from the United States District Court for …
Brief • July 22, 2013
Allen v. Heyns, MI, Motion and Brief for Summary Disposition, 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. Hon. Joyce …
Article • July 15, 2013 • from PLN July, 2013
Former Maryland Governor Acknowledges Politics Behind Life Means Life Policy by Parris Glendening, who served as Maryland's governor from 1995 through 2002, has acknowledged, around a decade later, the role that politics played in his adoption of a "life means life" policy that effectively ended early release for prisoners sentenced …
Article • July 15, 2013 • from PLN July, 2013
Filed under: Escapes, Sentencing
Oregon: Post-Escape Conduct Justifies Enhanced Escape Sentence by The Oregon Court of Appeals has held that criminal conduct committed after an escape justifies the imposition of an enhanced sentence on the escape conviction. Donald A. Bennett was an Oregon Department of Corrections (ODOC) prisoner when he escaped from the South …
Article • July 15, 2013 • from PLN July, 2013
Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case by Derek Gilna The Louisiana Supreme Court has reversed the judgment of a state appellate court and reinstated the "lifelong supervision" of Rudy Trosclair, who had contested that condition on ex post facto grounds. At the time …
Article • July 15, 2013 • from PLN July, 2013
Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action by The Tenth Circuit Court of Appeals held on May 1, 2012 that a federal prisoner's transfer to supermax custody must be brought as a Bivens action rather than as a federal habeas …
Article • July 15, 2013 • from PLN July, 2013
Arkansas: Sentencing Court Cannot Order Prison Treatment by The Arkansas Supreme Court has held that a sentencing court lacks authority to order a defendant to complete sex offender treatment in prison. In 2011, Chad Lee White was convicted of rape and second-degree battery for anally penetrating a neighbor's two-year-old son …
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to …
Article • July 15, 2013 • from PLN July, 2013
Filed under: Probation, Juveniles
California: Probation Condition Cannot Prohibit Court Access by The California Court of Appeal has held that a condition of probation barring a juvenile offender's access to the courthouse was unconstitutionally overbroad in violation of the First Amendment. In 2010, California juvenile offender Jose N. was made a ward of the …
California Guard Fights Prisoner, Faces Charges for Falsifying Reports by A California prison guard who challenged a prisoner to a fight, then engaged in a cover-up to avoid getting in trouble, is now facing criminal charges for filing false reports. In April 2012, state prison guard Christopher Cruse, 41, pleaded …
Arizona Prison System Plagued by Politics, Privatization and Prisoner Deaths by Joe Watson By the time Jan Brewer replaced Janet Napolitano as Arizona’s governor in 2009, it had been 22 years since the Arizona Department of Corrections (ADC) built the first prison in the United States designed exclusively for permanent …
Article • July 13, 2013
Newest Texas Criminal Justice Lobbyist is Powerful Texas Business Group by Matthew Clarke By Matt Clarke The most powerful business group in Texas, the Texas Association of Businesses (TAB) has announced its intention to influence the future course of criminal justice reform in Texas. TAB president Bill Hammond said TAB …
Brief • July 3, 2013
Ali v. Taylor, 10th Cir, Order and Judgment, appeals segregation good time credit, 2013
Brief • June 28, 2013
Doe v. New Hampshire, SJ Order, Ex Post Facto Sex Offender Registry, 2013 MERRIMACK, SS SUPERIOR COURT John Doe v. State of New Hampshire NO.ll-CV- 6 5 2 ORDER The Petitioner, John Doe, seeks an Order from the Court declaring the Registration of Criminal Offenders Act (the "Act"), RSA 651-B, …
How the Prison - Industrial Complex Destroys Lives by Mark Karlin by Mark Karlin, Truthout Marc Mauer is the Executive Director of The Sentencing Project and the author of Race to Incarcerate, which has just been released in graphic format, illustrated by Sabrina Jones, as Race to Incarcerate: A Graphic Retelling …
Article • June 15, 2013 • from PLN June, 2013
Charting a New Justice Reinvestment by Nicole D. Porter by Nicole D. Porter, The Sentencing Project For more than forty years, the correctional system has been dominated by growth. In 1969, the crime rate was 3,680 per 100,000 population and the incarceration rate was 97 state and federal prisoners per …
Article • June 15, 2013 • from PLN June, 2013
Reprieved Oregon Prisoner Wages Legal Fight to be Executed by As previously reported in PLN, on November 22, 2011, Oregon Governor John Kitzhaber imposed a moratorium on the death penalty for the remainder of his term in office. In doing so he canceled the scheduled execution of Gary Haugen, 50, …
Article • June 15, 2013 • from PLN June, 2013
Eighth Circuit: Heck Bars False Imprisonment Claim by In an April 19, 2012 decision, the Eighth Circuit Court of Appeals agreed with a federal district court that Heck v. Humphrey, 512 U.S. 477 (1994) [PLN, Sept. 1994, p.12] barred a Minnesota prisoner's claim that prison officials unlawfully confined him for …
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