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Article • June 15, 2013 • from PLN June, 2013
Survey Finds Disturbing Trends in Childhood Violence, Racial Dynamics for Juvenile Lifers by An overwhelming majority of prisoners serving life sentences without parole for crimes committed as juveniles were exposed to domestic violence and lived in poverty, while significant numbers failed in school, were influenced by friends in trouble with …
Article • June 15, 2013 • from PLN June, 2013
Filed under: Sentencing, Parole
Tennessee Supreme Court: No Separate Parole Dates for Consecutive Sentences by Matthew T. Clarke by Matt Clarke On May 25, 2012, the Supreme Court of Tennessee held that prisoners with consecutive sentences are not entitled to separate parole eligibility dates for each sentence. The Court also clarified that a prisoner …
Brief • June 14, 2013
Wilson v. Winges Yanez, OR, Mtn. for Prelim. Injunct., Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 15 Filed 06/14/13 Page 1 of 14 Page ID#: 54 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 …
Brief • June 7, 2013
Davis and Northrop v. Clark County, WA, Amended Complaint, Wrongful Incarceration, 2013 Case 3:12-cv-05765-RJB Document 22 Filed 06/07/13 Page 1 of 24 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 LARRY DAVIS individually, and ALAN NORTHROP individually, v. 11 …
Publication • 2013
A Lifetime of Punishment (Report on Drug Convictions and Welfare Benefits) The Sentencing Project 2013 A LIFETIME OF PUNISHMENT: THE IMPACT OF THE FELONY DRUG BAN ON WELFARE BENEFITS For more information, contact: The Sentencing Project 1705 DeSales Street NW 8th Floor Washington, D.C. 20036 This report was written by …
Publication • 2013
Police Misconduct as a Cause of Wrongful Convictions Russell Covey Wash. L. Rev. 2013 POLICE MISCONDUCT AS A CAUSE OF WRONGFUL CONVICTIONS RUSSELL COVEY ABSTRACT This study gathers data from two mass exonerations resulting from major police scandals, one involving the Rampart division of the L.A.P.D., and the other occurring …
Publication • 2013
Federal Sentencing Reporter - Insight Into California's Life Sentences, 2013 Insight into California’s Life Sentences I. Introduction Although the unique characteristics of most ‘‘rehabilitative’’ systems of criminal punishment vary greatly, a central component is often an indeterminate sentence with the possibility of parole. In California, these decisions are made by …
Publication • 2013
Innocent Defendant's Delimma-Plea Bargining, J of Crim Law & Criminology, 2013 Journal of Criminal Law and Criminology Volume 103 | Issue 1 Article 1 Winter 2013 The Innocent Defendant's Dilemma: An Innovative Empirical Study of Plea Bargaining's Innocence Problem Lucian E. Dervan Vanessa A. Edkins Ph.D. Follow this and additional …
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan by The Michigan Supreme Court has held that mandatory lifetime electronic monitoring is a direct consequence of a plea to first-degree criminal sexual conduct or second-degree criminal sexual conduct. As such, when a defendant enters a guilty …
Article • May 15, 2013 • from PLN May, 2013
Virginia Prisoner Pardoned After Accuser Admits She Lied by Everyone in Virginia's criminal justice system knew that Johnathan Christopher Montgomery was innocent of the crimes for which he’d been convicted. His accuser had recanted her testimony and admitted she lied to police about being molested by Montgomery more than a …
Article • May 15, 2013 • from PLN May, 2013
Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term by The Iowa Supreme Court held on May 4, 2012 that earned-time credit for good behavior accelerates the completion of a ten-year special sentence but does not reduce a release revocation term. The Court further …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Sentencing, Parole
California: Parole Placement of Serial Killer’s Accomplice in Remote County Upheld by On March 13, 2012, the California Court of Appeal upheld a decision by the California Department of Corrections and Rehabilitation (CDCR) to place Loren Herzog, a high-profile offender who had been paroled, in a remote county rather than …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Sentencing, Parole
California: Lifer Entitled to Credit for Time Served Following Governor’s Erroneous Veto of Parole Grant by Vacating an earlier ruling, on June 29, 2012 the California Court of Appeal, Sixth District, held that while a life-sentenced prisoner is entitled to credit for time served following the governor’s erroneous veto of …
Oregon Parole Board’s Notice-of-Rights Form Violates APA by On June 6, 2012, the Oregon Court of Appeals agreed that a notice-of-rights form (NOR) used by the Oregon Board of Parole and Post-Prison Supervision (Board) constitutes a rule. Since the NOR was not adopted in accordance with the rulemaking procedures of …
Article • May 15, 2013
Ex-prisoners' Petition for Restoration of Firearm Rights Denial Reversed by On September 14, 2012, Supreme Court of Virginia considered two separately granted and briefed appeals as one because they represented the same question of law. Scott A. Gallagher and George Junior Vanover had both received orders from the governor's office …
Article • May 15, 2013
No Collateral-Order Review of Refusal to Quash; Seventh Circuit Would Affirm on Merits by The Seventh Circuit Court of Appeals held that it lacked jurisdiction to hear a collateral-order appeal of two non-party state agencies that unsuccessfully moved to quash subpoenas. Even if it had appellate jurisdiction, however, the court …
Article • May 15, 2013
Seventh Circuit Permits Insurance Company to Deny Coverage of Civil Rights Claims by Derek Gilna The city of Waukegan, Illinois had been issued two comprehensive general liability Insurance policies, effective November 1, 1991 to November 1, 1995. Both policies contained a “law enforcement liability provision,” providing that the insurer “would …
Article • May 15, 2013
Sex Offender Housing Restrictions Imposed by Jessica's Law Temporarily Stayed in Los Angeles County by On November 1, 2010, Superior Court Judge Peter Espinoza temporarily stayed enforcement of the housing restrictions faced by registered sex offenders on active parole in Los Angeles County, finding that there is a strong likelihood …
Article • May 15, 2013
Filed under: Sentencing, Parole
U.S. First Circuit Court of Appeals Affirms Parole Board by The United States Court of Appeals for the First Circuit affirmed the decision of the U.S. District Court for the District of Massachusetts in upholding the Massachusetts Parole Board’s denial of parole for Appellant Rolando Jimenez for the 1982 second-degree …
Article • May 15, 2013
Filed under: Sentencing, Probation
Due Process Requirements Not Met in Washington Probation Violation Notice by On May 27, 2010, the Washington Supreme Court granted a prisoner's personal restraint petition. In doing so, the Court held that the level of specificity provided in the Department of Correction's (DOC) notice of probation violation did not meet …
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