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Article • July 15, 2001 • from PLN July, 2001
Georgia Parole Law May Violate Ex Post Facto by The Court of Appeals for the 11th Circuit held that a Georgia law changing the frequency between parole hearings may violate the ex post facto clause. Georgia prisoner Paul Harris claimed the retroactive application of Ga. Comp. R & Reg. r. …
Oklahoma Good Time Rule Violates Ex Post Facto by The Tenth Circuit Court of Appeals held that an amended Oklahoma Department of Corrections (ODOC) regulation that rescinded earned good time credits violates the Ex Post Facto Clause. Prisoner Steve A. Smith filed a petition for writ of habeas corpus challenging …
Article • July 15, 2001 • from PLN July, 2001
Kansas Conditional Release Is Mandatory by Kansas Conditional Release is Mandatory The Kansas state court of appeals held that the parole hoard could not rescind parole revocation and convert it to a conditional release revocation. The court also held that the retroactive application of a rule governing withholding of good …
Article • June 15, 2001 • from PLN June, 2001
Ten Percent Prison Commissary Surcharge in New Jersey Upheld by The Superior Court of Appeals of New Jersey has held that the 10% surcharge on purchases from prison commissaries in New Jersey is constitutional. Paul Auge, a New Jersey state prisoner, filed suit in state court challenging the imposition by …
Article • March 15, 2001 • from PLN March, 2001
Oregon Compelled Parole Statute Not Retroactive by The Oregon Supreme Court affirmed a lower court decision, which held that the retroactive application of a 1985 "compelled parole" statute violated the constitutional prohibition against ex post facto laws. In 1985 the Oregon legislature enacted ORS 144.245(3) that mandates: "In no case …
Article • March 15, 2001 • from PLN March, 2001
Second Circuit Holds That Gang Member Designation Regulation is Not Ex Post Facto by The Second circuit court of appeals held that a Connecticut DOC administrative directive making prisoners classified as safety threats ineligible to earn good time credits was not ex post facto and that a Connecticut statute did …
Article • June 15, 2000 • from PLN June, 2000
Pro Se Tips and Tactics by John Midgley Supreme Court Decides Georgia Parole Case by John Midgley In many states, there are parole boards that decide when prisoners will be released. In these states, the timing of when the parole board will consider parole the timing of "initial" parole consideration …
Article • October 15, 1999 • from PLN October, 1999
Georgia Parole Regulation Still Ex Post Facto by The U.S. court of appeals for the Eleventh Circuit held that the retroactive application of an amendment to the Georgia parole regulations, changing the frequency of required parole reconsideration hearings, continues to violate the Ex Post Facto Clause of the federal constitution. …
Article • July 15, 1999 • from PLN July, 1999
Kansas Good Time Forfeiture Violates Ex Post Facto by The Kansas court of appeals held that the retrospective application of a new prison rule governing the forfeiture of good time credits violated the Ex Post Facto Clause when the rule took effect after the prisoner's crime was committed and it …
Article • April 15, 1999 • from PLN April, 1999
South Carolina Parole Elimination Violates Ex Post Facto by The South Carolina supreme court held that the retroactive statutory elimination of parole eligibility for violent offenders violates the ex post facto clause provisions of the United States and South Carolina constitutions. Ronnie Phillips, a South Carolina state prisoner, pled guilty …
Kansas Good Time Rules Violate Ex Post Facto by The Kansas supreme court held that application of new prison rules that allow for the forfeiture of good time credits to prisoners convicted before the rule's implementation violates the ex post facto clause of the U.S. constitution. In a second cae, …
Article • March 15, 1999 • from PLN March, 1999
Retroactive Kansas Good Time Recalculation Unlawful by In an unpublished opinion, the Court of Appeals for the State of Kansas held that the changes in the Kansas prison system's regulations interpreting the application of good time credits toward a prisoner's conditional release date could not be applied retroactively to offenses …
Washington 35% Statute Upheld in State Court by AWashington state appeals court upheld the constitutionality of two statutes which allow the seizure by the state of 35% of the wages prisoners earn and of the money sent in to prisoners from outside the prison system. The court held the laws …
Hawaii Prisoners Challenge 'Sex Offender' Label by Hawaii prisoners labeled as "sex offenders" and ordered to participate in a sex offender treatment program as a pre-condition of parole eligibility have a protected liberty interest in receiving minimal due process before being thus labeled. In 1992, Hawaii enacted a law authorizing …
Article • November 15, 1998 • from PLN November, 1998
Texas May Not Retroactively Stop Mandatory Release by The Texas Court of Criminal Appeals has held that Texas cannot reinterpret a law to retroactively deny a state prisoner mandatory release. Randy Sullivan Schroeter, a Texas state prisoner, was convicted of indecency with a child (IWC) in 1994 and sentenced to …
Article • July 15, 1998 • from PLN July, 1998
Another Florida Gain-Time Statute Unconstitutional by In a 5-2 decision the Supreme Court of Florida held that a recently enacted statute requiring the mandatory abrogation of state prisoners' right to earn "incentive gain-time"1 for up to six months following prison disciplinary convictions, was an unconstitutional ex post facto law, as …
Article • June 15, 1998 • from PLN June, 1998
Michigan's Parole Amendments Constitutional by The court of appeals for the Sixth Circuit held that the 1992 amendments to Michigan's parole laws, that postpone initial mandatory review hearings for certain state prisoners and reduce the frequency of subsequent mandatory parole hearings, do not violate the Ex Post Facto Clause of …
Article • June 15, 1998 • from PLN June, 1998
Repeal of South Carolina Furlough Law Violates Ex Post Facto by The court of appeals for the fourth circuit held that amendments to a South Carolina statute which eliminated furlough rights for prisoners convicted before its passage violate the ex post facto clause of the U.S. constitution. In 1983 the …
No Ex Post Facto Violation in Permanent Loss of Forfeited Good Time by The court of appeals for the fifth circuit held that a Texas Board of Criminal Justice (TBCJ) directive forbidding prison officials from restoring good time credits previously lost did not violate the ex post facto clause. Since …
Article • May 15, 1998 • from PLN May, 1998
Florida Finally Learns the Meaning of Ex Post Facto by In a one paragraph memorandum opinion the Supreme Court of Florida held that the retroactive cancellation of provisional credits, previously awarded pursuant to statute, violates the ex post facto restrictions of the state and federal constitutions. As a result of …
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