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Article • January 15, 2008
Filed under: Sentencing, Good Time
Early Release Credit Not Available to Prisoners with ‘Crimes Against Persons’ Convictions by Early Release Credit Not Available to Prisoners with "Crimes Against Persons" Convictions While incarcerated, former Washington State prisoner Roosevelt Silas claimed a constitutional violation for equal treatment under the law when his application for a newly-enacted 50% …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
Article • November 15, 2007 • from PLN November, 2007
Oklahoma Court Orders Sentenced Prisoners Transported to Prison by The District Court for Oklahoma County, Oklahoma has ordered the County's Sheriff to transfer all prisoners awaiting transportation to the Department of Corrections (DOC) within 30 days and any prisoners sentenced after the Court's order are to be so transferred within …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Sentencing, Good Time, Parole
Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits by John Dannenberg by John E. Dannenberg The California Court of Appeal, Sixth District, held that when a parolee both violated parole and committed a new offense, and disputed his parole revocation hearing findings …
Loss of Good Time Credits Without Notice Warrants Habeas Relief by The U.S. Tenth Circuit Court of Appeals has reversed an Oklahoma Federal District Court's denial of a state prisoner's 28 U.S.C. § 2241 petition for habeas corpus relief and granted a certificate of appealability (COA) to him. Rayford Mayberry …
Article • May 15, 2007
Filed under: Sentencing, Good Time
CA Detainees Not Entitled to One-for-One Credits by California's Fifth District Court of Appeals held a pre trial detainee, who is later convicted and sentenced to prison, is not entitled to good time credits under Penal Code section 2933, which grants one-for-one good time credits to prisoners engaged in a …
Article • May 15, 2007
Filed under: Sentencing, Good Time, Parole
Massachusetts Good Time Deducted From Parole Eligibility Date by The Supreme Judicial Court of Massachusetts held that good conduct time for state prisoners must be deducted from their parole eligibility date (calculated as a fraction of the minimum sentence imposed by the judge) and deference was not to be given …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
Evidentiary Hearing Required to Determine Compliance with Wolff by The Eighth Circuit Court of Appeals held a prisoner was entitled to an evidentiary hearing where a disciplinary board failed to furnish a written statement of reasons for its decision. The North Dakota State Penitentiary prisoner was charged by prison officials …
Article • May 15, 2007
Federal Prisoners Sanctioned Loss of Good Time for Frivolous Suit by A South Carolina federal district court held a lawsuit filed by two federal prisoners was frivolous and ordered loss of good time credits. The suit was filed by two federal prisoners convicted of various narcotics charges. Their 42 U.S.C. …
Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
Article • May 15, 2007
Retroactive Withholding of Good Time Upheld by The Kansas Court of Appeals upheld the retroactive withholding of a prisoner's good time credits for disciplinary sanctions imposed prior to the award of the credits at issue. In 1998 and 1999, Derrik W. Davis received two disciplinary convictions but did not have …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity by Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity A Virginia federal district court held that officials at the Indian Creek Correctional Center violated a prisoner's First Amendment rights under the Establishment …
Article • May 15, 2007
Filed under: Sentencing, Good Time
WA County Jails "Good Time" Policy Constitutional by WA County Jails "Good Time" Policy Constitutional The Washington State Court of Appeals held the Skagit County Jail's policy for credit of "good-time" does not violate a pre-trial detainee or a sentenced prisoner's right to equal protection. While awaiting a second trial …
Article • May 15, 2007
NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 by NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 Donald Griffin, a New York state prisoner, was found guilty of drug use, based on an allegedly flawed urinalysis, …
Article • May 15, 2007
Cause Shown in Disciplinary Procedural Default by The petitioner sought a writ of habeas corpus based on a disciplinary proceeding in which he lost good time. His state court administrative challenge was submitted timely but was returned because he had failed to include various required documents and had enclosed a …
Article • May 15, 2007
BOP Proper Defendant in Work Release Change Suit under APA by The plaintiffs are criminal defendants who received judicial recommendations that they serve their sentences in a community corrections center, but were denied such placement pursuant to the Department of Justice's abruptly announced change of policy barring it except for …
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