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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 …
Article • April 15, 2013
Maryland Prisoner Challenges State Indecent Exposure Laws by A divided Maryland Supreme Court affirmed in May 2012 the holding of the Circuit Court of Montgomery County in a case wherein a Maryland state prisoner sought to establish that enacted indecent exposure legislation intended for circumstances found in a prison setting …
Article • April 15, 2013
Sixth Circuit of US Court of Appeals Affirms Grant of Habeas Corpus by The United States Court of Appeals for the Sixth Circuit affirmed in May 2012 the order of the U.S. District Court for the Eastern District of Michigan conditionally granting the petition for habeas corpus relief in the …
Article • April 15, 2013
Statute of Limitations Kills Oregon False Imprisonment Suit by The Oregon Court of Appeals affirmed the statute of limitations dismissal of a former prisoner's false imprisonment suit. In three separate judgments, Loren MacNab was convicted of four counts of failing to register as a sex offender and sentenced to jail …
Article • April 15, 2013
Filed under: Sentencing
Oregon Prison Assault Brings Attempted Murder Charge by An Oregon prisoner faces attempted murder charges and at least 10 more years in prison for brutally assaulting another prisoner at an intake facility in December 2011. While at the Coffee Creek Correctional Facility's (CCCF) Intake Center in December 2011, prisoner James …
Article • April 15, 2013
Filed under: Sentencing, Habeas Corpus
Denial of Washington Misdemeanor Electronic Monitoring Credit Upheld by The Washington State Court of Appeals held that refusing to grant misdemeanor offenders credit for electronic home monitoring, while granting such credit to felons does not deprive misdemeanants of equal protection or due process of law. The court also held that …
Article • April 15, 2013
Filed under: Sentencing, Parole
California Court of Appeals Affirms Grant of Parole by The Fourth District Court of Appeals for the State of California affirmed in May 2012 the grant of a writ of habeas corpus filed by prisoner William Jon Pugh contesting the governor’s reversal of a grant of parole. Pugh was convicted …
Article • April 15, 2013
Filed under: Sentencing, Good Time
California Court of Appeal Grants Increased Award of Conduct Credit to Jail Detainee by The California Court of Appeal, Fourth Appellate District, has held that an amendment to Penal Code section 4019, which increased the amount of presentence conduct credit to which a jail detainee is entitled, operates to the …
Article • April 15, 2013
Filed under: Sentencing, Habeas Corpus
Non-Sentencing Court Cannot Adjust Sentence on Habeas by On November 15, 2011, the Tenth Circuit Court of Appeals affirmed a New Mexico federal district court’s order dismissing a habeas petition under 28 U.S.C. § 2241 that sought to adjust a sentence imposed by a California federal district court. The New …
Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody by Joaquin Sapien by Joaquin Sapien, ProPublica, and Sergio Hernandez, Special to ProPublica The murder case against Tony Bennett seemed pretty straightforward. Shortly before midnight on May 7, 1994, police found a 26-year-old man in the foyer of an apartment building …
Lasting Damage: A Rogue Prosecutor’s Final Case by Joaquin Sapien ProPublica Among the thousands of prosecutors who have tried cases in the name of the people of New York City, Claude Stuart came to hold a handful of unfortunate distinctions: • He was a serial abuser of his authority. State …
Article • March 15, 2013
Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded by Derek Gilna The U.S. District Court for the Western District of Wisconsin's denial of a pro-se application for a writ of habeas corpus by prisoner Stanley E. Martin, Jr., was reversed and remanded by the Seventh Circuit Court of Appeals …
Article • March 15, 2013
Filed under: Sentencing, Habeas Corpus
Fifth Circuit Court of Appeals Denies Prisoner's Habeas Petition Challenging Calculation of Sentence by Derek Gilna Prisoner Isaac Leigh Hunter appealed from the district court's denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Hunter was seeking relief from a decision of the …
Article • March 15, 2013
New Hampshire Supreme Court Affirms Order of Superior Court Denying His Motion to Amend the Conditions of His Suspended Sentence by Derek Gilna In an opinion issued on September 17, 2010, the State Supreme Court in New Hampshire upheld the Superior Court's denial of defendant Jonathan A. Perfetto's motion to …
Article • March 15, 2013
Gang Colors Restriction Held Unconstitutional by Brandon Sample The U.S. Court of Appeals for the Second Circuit has vacated a special condition of supervised release barring the "wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to" criminal street gangs. The court held that …
Article • March 15, 2013 • from PLN March, 2013
California Governor Approved Parole for 377 Life-Sentenced Murderers in 2012 by John Dannenberg by John E. Dannenberg Last year, California Governor Jerry Brown approved four out of every five parole grant decisions by the Board of Parole Hearings (Board) for prisoners convicted of murder and sentenced to life with parole. …
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