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Article • July 15, 2012 • from PLN July, 2012
Audits Identify Problems with Michigan Prisoner ReEntry Initiative by David Reutter by David M. Reutter Two audit reports, one by Michigan’s Office of the Auditor General in 2012 and the other by the State Budget Office in 2011, both found shortcomings with the Michigan Prisoner ReEntry Initiative (MPRI). Michigan took …
Article • July 15, 2012 • from PLN July, 2012
Florida DNA Mix-Up Raises Questions about Rapist’s Conviction by When the FBI informed the Florida Department of Law Enforcement (FDLE) that it had a recent “hit” on the DNA of convicted rapist Andrew Lingard, the FDLE realized there was a problem: Lingard had been in prison for the past four …
California U.S. District Court Holds that Prop. 9 Does Not Supersede Previously-Issued Injunction Regarding Parole Revocation Procedures by John Dannenberg by John E. Dannenberg Senior U.S. District Court Judge Lawrence K. Karlton has upheld a 2004 injunction that conflicts with the parole revocation provisions of California’s so-called Victims’ Bill of …
U.S. Department of Justice Soft on Corporate Crime by If you’ve wondered why no one has been prosecuted for the corporate misdeeds that devastated the economy in 2008 and nearly thrust the United States into another Great Depression, you’re not alone. The reason no Wall Street executives have faced charges …
Texas Parole Board Removes Onerous Sex Offender Conditions from 176 Parolees by In November 2011, the Texas Board of Pardons and Paroles removed the sex offender designations from 176 parolees who were subject to stringent parole restrictions known as Condition “X,” but had never been convicted of a sex offense. …
Article • July 15, 2012
Filed under: Sentencing
Oregon Courts Authorized to Correct Judgment's Factual Errors by The Oregon Court of Appeals affirmed a lower court's entry of an amended judgment increasing a prisoner's sentence. ORS 138.083 authorizes Oregon courts to modify judgments and sentences "to correct any arithmetic or clerical errors or to delete or modify any …
Article • July 15, 2012
Oregon Prisoner's Legal Mail Claims Dismissed by The Oregon Court of Appeals affirmed a lower court's dismissal of a prisoner's action, challenging the opening his legal mail outside his presence. After Oregon prisoner Jacob Barrett was transferred to the Oklahoma State Penitentiary (OKSP), Oregon attorney Charles Simmons continued to represent …
Article • July 15, 2012
Oregon Supreme Court Overturns Ban on Harsher Sentences after Successful Appeals by The en banc Oregon Supreme Court has overturned its 43-year-old prohibition on increased punishment in criminal cases when a defendant is successful on appeal and is resentenced. Oregon law now adheres to U.S. Supreme Court precedent. In 1967 …
Article • July 15, 2012
Filed under: Sentencing, Good Time
Seventh Circuit Affirms Against Illinois Arbitrary Gain-Time Allegation by The Seventh Circuit Court of Appeals affirmed an Illinois federal district court’s decision that granted the defendant’s motion for summary judgment in a case involving aggravated driving while license revoked. Petitioner Peter Peretz was taken into custody February 17, 2007, and …
Brief • July 11, 2012
Burdette et al v. Town of Harpersville, Al, Order, JCS private parole deptors prison, 2010 ELECTRONICALLY FILED 7/11/2012 3:26 PM CV-2010-900183.00 CIRCUIT COURT OF SHELBY COUNTY, ALABAMA MARY HARRIS, CLERK
Brief • June 16, 2012
Filed under: Good Time
Owens v. Stalder, LA< Report and Recommendation, Miscalculated Good Time, 2012 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 1 of 29 PageID #: 679 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 2 of 29 PageID #: 680 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 3 of 29 PageID #: 681 …
Article • June 15, 2012 • from PLN June, 2012
California Lifers: Deaths Exceed Parole Releases by John Dannenberg by John E. Dannenberg Between 2000 and 2010, 775 California lifers died in prison while 674 were granted parole. Those statistics, released by the California Department of Corrections and Rehabilitation (CDCR) pursuant to a public records request, reflect the grim reality …
Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted by Matthew Clarke by Matt Clarke On June 6, 2011, the Better Government Association (BGA) and the Center on Wrongful Convictions (CWC) at Northwestern University School of Law released a joint report on the cost of wrongful convictions. The report, which …
Article • June 15, 2012 • from PLN June, 2012
Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid by A trial court’s failure to advise a defendant of his or her ineligibility for early release credits renders a guilty plea unknowing and involuntary, the Division Three Court of Appeals for the State of Washington …
Article • June 15, 2012 • from PLN June, 2012
Ohio Wrongful Conviction Results in $2.59 Million Settlement by On April 25, 2011, Raymond D. Towler, 53, received a settlement of $2,592,571 after serving almost 29 years for a rape he didn’t commit. The award included a $600,000 annuity to provide ongoing monthly payments plus a $1.91 million lump sum …
Article • June 15, 2012 • from PLN June, 2012
Ninth Circuit Holds No Due Process Right Created by California’s Parole Scheme by The Ninth Circuit Court of Appeals has decisively dismissed any lingering hopes that the federal courts might continue to review denials of parole to California prisoners, in order to determine whether such denials were supported by “some …
ACLU Report Proves Smart Criminal Justice Policy Reform is Possible by David Reutter by David M. Reutter The American Civil Liberties Union released a report in August 2011 that calls for reforming the U.S. criminal justice system. The report makes recommendations for systematic reforms, front-end reforms and back-end reforms; it …
Mississippi Supreme Court Denies Equity Court Review of Death Penalty Cases by Derek Gilna By Derek Gilna The complaint of sixteen death-row inmates in Mississippi which sought Chancery Court review of the adequacy of their legal representation has been denied by the Mississippi Supreme Court for lack of jurisdiction based …
Estimating Gender Disparities in Federal Criminal Cases, Journal Article by Sonja Starr, 2012 LAW AND ECONOMICS RESEARCH PAPER SERIES PAPER NO. 12-018 AUGUST 2012 ESTIMATING GENER DISPARITIES IN FEDERAL CRIMINAL CASES SONJA B. STARR THE SOCIAL SCIENCE RESEARCH NETWORK ELECTRONIC PAPER COLLECTION: HTTP://SSRN.COM/ABSTRACT=2144002 FOR MORE INFORMATION ABOUT THE PROGRAM IN …
Publication • 2012
Filed under: Wrongful Imprisonment
FL Innocence Commission, FL, Final Report to the Supreme Court of Florida, 2012 F L O R I DA I N N O C E N C E C O M M I S S I O N FINAL REPORT TO THE SUPREME COURT OF FLORIDA J U NE 2 …
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