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Article • May 15, 2013
Filed under: Sentencing, Parole
Counsel May Review "Confidential" Oregon Parole Board Evidence by Counsel May Review "Confidential" Oregon Parole Board Evidence On December 22, 2010, the Oregon Court of Appeals held that counsel for two prisoners appealing orders of the Oregon Board of Parole and Post-Prison Supervision (Board) may review confidential evidence in the …
Article • May 15, 2013
New York: USDC Grants Opposition to Quash Depositions in Murder/Rape by A magistrate judge at the United States District Court for the Eastern District of New York granted in November 2011 the Plaintiff’s motion opposing Defense's motion to quash deposition notices and notice of subpoena in a civil case resultant …
Article • May 15, 2013
Pennsylvania: USDC Grants Habeas Bond Hearing for Alien by On May 24, 2012 the United States District Court for the Middle District of Pennsylvania granted in part the habeas petition of Robert A. Bautista seeking release from Department of Homeland Security custody, which was not granted, and a bond hearing, …
Article • May 15, 2013
Oregon Prison Officials Not Immune for Sentence Miscalculation by The Oregon Court of Appeals held that prison officials are not immune from suit for miscalculating a prisoner's sentence by 13 months. In 2000, Chester Westfall was convicted of charges in Jackson County, Oregon, and sentenced to 34 months in prison. …
Article • May 15, 2013
Sex Offender Conditions Permitted on Washington Non-Sex Offenses by The Washington State Court of Appeals held that sex offender conditions may be imposed even when not on supervision for a sex offense. In 2002, George Golden was convicted of a sex offense, served his time and was released. Then in …
Brief • May 2, 2013
Wilson v. Winges-Yanez, OR, Complaint, Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 1 Filed 05/02/13 Page 1 of 11 Page ID#: 1 I Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oa1( Street Suite 400 Portlaud, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attomey for Plaintiff UNITED STATES DISTRICT …
O'Connell v. Smith, CA, Complaint, Wrongful Murder Conviction, 2013 Case 2:13-cv-01905-MWF-PJW Document 7 Filed 04/23/13 Page 1 of 34 Page ID #:77 Case 2:13-cv-01905-MWF-PJW Document 7 Filed 04/23/13 Page 2 of 34 Page ID #:78 Case 2:13-cv-01905-MWF-PJW Document 7 Filed 04/23/13 Page 3 of 34 Page ID #:79 Case 2:13-cv-01905-MWF-PJW …
California: Thousands of Sex Offenders Remove GPS Monitors by Taking advantage of the lack of available bed space to house parole violators in California jails following the state’s “realignment” initiative, thousands of paroled sex offenders fitted with GPS ankle bracelets have disabled or removed them – with few consequences. Under …
Article • April 15, 2013 • from PLN April, 2013
California: Condition of Parole Restricting Parolee from Residing Near Victim’s Next of Kin Held Invalid by The California Court of Appeals has held that Penal Code section 3003(f), which limits a parolee convicted of certain offenses from living within 35 miles of the victim or witness to the crime – …
Article • April 15, 2013 • from PLN April, 2013
Florida Innocence Commission Makes Recommendations to Prevent Wrongful Convictions by The Florida Innocence Commission's final report, presented to the Florida Supreme Court on June 25, 2012, included a number of recommendations to address issues related to wrongful convictions in the Sunshine State. Due to having one of the highest rates …
Article • April 15, 2013
Filed under: Sentencing, Probation
10th Circuit Orders District Court to Reconsider Restrictive Sentencing Conditions by Derek Gilna Eugene Sunday argued that computer and mental health conditions of the supervised release portion of his sentence constituted an occupational restriction unsupported by the Guidelines Manual of the U.S. Sentencing Commission, (USSG), Section 5F1.5. The district court …
Article • April 15, 2013
Wrongfully Convicted New York Man Receives Settlements for $950,000 by A New York man has settled lawsuits related to his wrongful conviction for $950,000. The settlements were to resolve litigation against the founders of the Innocence Project and the City of New York. Lee Long, who brought the litigation, had …
Article • April 15, 2013
7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case by Derek Gilna Shane Holloway was arrested without a warrant in 2009 and confined to the Delaware County Jail, where he was denied his pre-detention medication, and was prescribed non-narcotic pain medication by prison medical staff instead. Holloway was …
Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity by Brandon Sample A special condition of supervised release prohibiting the possession of "any material, legal or illegal, that contains nudity or that depicts or alludes to sexual activity or depicts sexually arousing material" sweeps too broadly …
Article • April 15, 2013
Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation by Brandon Sample The U.S. Supreme Court's decision in Heck v. Humphrey does not bar a released federal prisoner's false imprisonment claims under the Federal Tort Claims Act (FTCA), the U.S. Court of Appeals for the Eleventh Circuit …
Article • April 15, 2013
California: Stanford Report Analyzes Lifer Paroles by In a first-of-its-kind, long-overdue study, the Stanford Criminal Justice Center (SCJC) has examined the parole release process for parole-eligible "life" prisoners in California, now numbering more than 32,000. As of 2010, lifers comprised more than one-fifth of California's prisoner population, a higher percentage …
Article • April 15, 2013
Mississippi Supreme Court Upholds Outgoing Governor's 214 Messy Pardons by Joe Watson Two months of political gamesmanship and blustery media coverage came to an end on March 8 when the Mississippi Supreme Court upheld more than 200 pardons granted by Haley Barbour in his final days as governor. The court …
Article • April 15, 2013
Kentucky DOC Cannot Alter Time Served Credit by The Kentucky Supreme Court has held that prison officials lack authority to modify presentencing custody credit. Peter Bard was charged with murdering a deputy sheriff in 1993 but the charges were dismissed when he was found incompetent to stand trial. Bard was …
Article • April 15, 2013
Filed under: Sentencing, Probation
Fifth Amendment Right Waived, If Not Invoked During Polygraph Test by Pennsylvania parolee David S. Knoble served his sentence for endangering the welfare of a child, conspiring with his wife for her to engage in sexual intercourse with his 14-year old son and then placed on four-year probation. He was …
Article • April 15, 2013
Filed under: Sentencing
Indiana Supreme Court Affirms Sentence after Botched Jailbreak by The Supreme Court of Indiana per curiam affirmed in July 2012 the 47-year sentence of Appellant Roger Bushhorn resulting from an attempted escape from county jail. Bushhorn and two other prisoners, James Smith and Ryan Renfroe, fashioned homemade knives from clothes …
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