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Publication • February 10, 2016
Filed under: Sentencing, Parole
In Re Dannenberg - Parole Denials, Loyola Law Review, 2006 IN RE DANNENBERG: CALIFORNIA FORGOES MEANINGFUL JUDICIAL REVIEW OF PAROLE DENIALS I. INTRODUCTION The California Supreme Court’s holding in In re Dannenberg1 sharply curtailed judicial review when the State Board of Prison Terms (“the BPT”)2 denies parole to eligible life …
Publication • February 9, 2016
Filed under: Sentencing, Parole
Heinous, Atrocious & Cruel - Apprendi, Indeterminate Sentencing & the Meaning of Punishment, Columbia Law Review, 2009 COLUMBIA LAW REVIEW VOL. 109 JUNE 2009 NO.5 ARTICLES HEINOUS, ATROCIOUS, AND CRUEL: APPRENDI, INDETERMINATE SENTENCING, AND THE MEANING OF PUNISHMENT W David Ball* Under Apprendi v. New Jersey, any fact that increases …
Computer Risk Assessments Gaining Popularity in Granting Paroles by Derek Gilna New diagnostic computer programs designed to predict whether an offender will re-offend are being credited with helping reduce the number of prisoners in correctional facilities across the nation, but experts caution that while useful, the software tools are not …
Brief • January 6, 2016
Knuth v. Arp et al, CO, Complaint, wrongful imprisonment appeal parole due process, 2016 Case 1:16-cv-00025-LTB Document 1 Filed 01/06/16 USDC Colorado Page 1 of 31 Case 1:16-cv-00025-LTB Document 1 Filed 01/06/16 USDC Colorado Page 2 of 31 Case 1:16-cv-00025-LTB Document 1 Filed 01/06/16 USDC Colorado Page 3 of 31 …
Article • December 3, 2015 • from PLN December, 2015
One-Continuous-Sentence Rule Governs Colorado Parole Eligibility Dates by Mark Wilson One-Continuous-Sentence Rule Governs Colorado Parole Eligibility Dates by Mark Wilson The Colorado Supreme Court held last year that state prison officials had misapplied the law and miscalculated a prisoner’s parole eligibility date (PED) for his consecutive sentence. Colorado law requires …
Article • November 13, 2015
U.S. Court of Appeals Reverses Prisoner’s Parole Board Suit by U.S. Court of Appeals Reverses Prisoner’s Parole Board Suit In a March 14, 2014 order, the United States Court of Appeals for the Eleventh Circuit affirmed in part, reversed in part, and remanded Veronza L. Bowers case to the district …
Article • November 10, 2015
No Resources for Programs to Help Prisoners Make Parole in West Virginia by Christopher Zoukis No Resources for Programs to Help Prisoners Make Parole in West Virginia by Christopher Zoukis West Virginia's prison and jail population has continued to grow despite the passage of a sweeping prison reform bill, so …
Article • November 6, 2015
Parole Reinstated After Improperly Rescinded by Parole Reinstated After Improperly Rescinded On June 26, 2014, the New York Superior Court issued a one-page decision reinstating the parole and release of Pablo Costello, ruling that the New York State Board of Parole ("Board") had improperly rescinded it. Prisoner Pablo Costello's first …
Article • November 6, 2015
Ohio Court Denies Habeas Challenge to Jail-Time Calculation and Double Jeopardy by Derek Gilna Ohio Court Denies Habeas Challenge to Jail-Time Calculation and Double Jeopardy by Derek Gilna The Supreme Court of Ohio, in the case of Johnson v. Crutchfield, rejected an Ohio prisoner’s challenge to the calculation of his …
Article • November 3, 2015
Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute by Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute On July 10, 2014, the en banc Oregon Supreme Court held that arrest for a parole or probation violation qualifies as an arrest …
Article • October 26, 2015 • from PLN November, 2015
Oklahoma Early Release Program Leads to Only Isolated Cases of Recidivism by Christopher Zoukis Oklahoma Early Release Program Leads to Only Isolated Cases of Recidivism by Christopher Zoukis Only two of the nearly 1,500 prisoners granted early release by the Oklahoma Department of Corrections (DOC) from March to October 2014 …
Article • October 26, 2015 • from PLN November, 2015
Presidential Candidate Bernie Sanders Files “Justice is Not for Sale Act” by Derek Gilna Presidential Candidate Bernie Sanders Files “Justice is Not for Sale Act” by Derek Gilna Democratic presidential candidate and U.S. Senator Bernie Sanders of Vermont, along with Rep. Raul Grijalva of Arizona in the House, filed companion …
Publication • October 19, 2015
Filed under: Parole, Probation
HRDC testimony on sanctions for technical violations in Tennessee Human Rights Defense Center DEDICATED TO PROTECTING HUMAN RIGHTS WRITTEN TESTIMONY OF ALEX FRIEDMANN 1 Tennessee Senate Committee on the Judiciary October 19, 2015 My discussion will focus on the Taskforce on Sentencing and Recidivism’s fifth recommendation, which states: “Develop additional …
Article • October 14, 2015
Arkansas Prisoners’ Community-Punishment Denied by Arkansas Prisoners’ Community-Punishment Denied In 1997 Joseph Ritter entered a guilty plea to one count of rape and one count of kidnapping. He was sentenced in the Circuit Court of Searcy County, Arkansas, to consecutive sentences of 228 months and 114 months, respectively. The offenses …
Article • October 14, 2015
Filed under: Parole, Juveniles
Michigan Must Comply with Graham and Miller by David Reutter Michigan Must Comply with Graham and Miller by David M. Reutter A Michigan federal district court ordered Governor Rick Snyder to provide a “fair, meaningful, and realistic” opportunity for parole to all prisoners sentenced to life imprisonment for crimes committed …
Vermont DOC Practive of Imprisoning People After Rejecting Parole Plan by Vermont DOC Practive of Imprisoning People After Rejecting Parole Plan The Vermont Department of Corrections’ (VDOC) process of reviewing prisoners’ post-prison accommodations plan is the subject of a prisoner’s lawsuit alleging VDOC abuses its discretion in denying prisoners release …
Brief • October 14, 2015
Betances v. Fischer, NY, Memorandum and Opinion Denying Defendants Appeal, Post-Release Supervision, 2015 Case 1:11-cv-03200-SAS Document 121 Filed 10/14/15 Page 1 of 30 i :USOC SONY UNITED STATES DISTRICT COURT I DOCUMENT LELECTRONICALLY Jj nee#: __ . . ll tI FILED ll _ j\ ~-~~~~~~-~~~~~~~~-~~-~~-~-~~~-------------~LR~TE t:l~:~~~~fr!j;?"=JJ PAUL BETANCES, LLOYD A. …
Article • October 12, 2015
Filed under: Cancer, Parole, Juveniles
Iowa Juvenile LWOP Prisoner Released to Hospice Care by Mark Wilson Iowa Juvenile LWOP Prisoner Released to Hospice Care by Mark Wilson In what is being described as an “unprecedented” decision, on December 3, 2013, the Iowa Parole Board ordered the release of a terminally ill prisoner who was sentenced …
Article • October 6, 2015
$10 Million Budgeted to Oregon Counties for Criminal Justice Reforms by Mark Wilson $10 Million Budgetetd to Oregon Counties for Criminal Justice Reforms by Mark Wilson On August 1, 2013, the Oregon legislature passed a sentencing reform bill, designed to shift “low level” offenders from prison to community corrections. With …
Article • September 29, 2015
Class Action Settlement to Reform Illinois’ Juvenile Justice Revocation Process by Derek Gilna Class Action Settlement to Reform Illinois’ Juvenile Justice Revocation Process by Derek Gilna A federal civil rights lawsuit alleged that the Illinois Department of Juvenile Justice (DJJ) and the Illinois Prisoner Review Board (PRB) conducted “kangaroo court” …
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