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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 …
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 …
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