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Article • May 15, 2012 • from PLN May, 2012
Filed under: Sentencing, Death Penalty
Research Finds Capital Punishment System in California is Costly, Ineffectual by A June 2011 law review article by Ninth Circuit Court of Appeals Senior Judge Arthur L. Alarcón and Loyola Law School Professor Paula M. Mitchell, Alarcón’s longtime law clerk, analyzes the costs to taxpayers of administering California’s capital punishment …
Article • May 15, 2012 • from PLN May, 2012
New York Not Liable for DOCS’ Unauthorized Addition of Post-Release Supervision by The New York Court of Appeals, the state’s highest court, has held that the state cannot be held liable for the Department of Correctional Services (DOCS) adding post-release supervision to prisoners’ sentences when such supervision had not been …
Article • May 15, 2012 • from PLN May, 2012
California Pilot Program Reduces Recidivism by A pilot program enacted by the California legislature in 2009 appears to be achieving its intended goal of reducing recidivism, according to a June 2011 report prepared by Dorothy Korber with the California Senate Office of Oversight and Outcomes. With three-year recidivism rates hovering …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds Hawaii Prison Officials Entitled to Qualified Immunity when Calculating Release Dates in Accordance with State Law by In an interlocutory appeal, the Ninth Circuit reversed a Hawaii district court’s denial of qualified immunity to prison officials who, in apparent conformity with Hawaii state law, treated a prisoner’s …
Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus by Brandon Sample A federal prisoner challenging his or her civil commitment detention under the Adam Walsh Act (Act) as a “sexually dangerous person” may not resort to habeas corpus for such challenges, the U.S. Court of Appeals …
Article • May 15, 2012 • from PLN May, 2012
Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson The Third Circuit Court of Appeals held on December 2, 2010 that a federal habeas corpus petition under 28 U.S.C. § 2241 …
Article • May 15, 2012 • from PLN May, 2012
California Appeals Court Holds Release from Prison Moots Challenge to Parole Denial by The California Court of Appeal, Third District, has held that release from prison moots a prisoner’s habeas corpus petition challenging an adverse decision by the Board of Parole Hearings (“Board”). Convicted of second-degree murder in 1984, Damian …
Article • May 15, 2012 • from PLN May, 2012
New Washington State Law Eliminates Tolling of Community Custody upon Violation by The Washington State Court of Appeals, Division Three, has ruled that a 2011 state law “eliminates tolling of the term of community custody while the offender is serving a sanction for violation of the conditions of that community …
Tennessee Discontinues Polygraph Tests as Sex Offender Supervision Tool by Legal concerns have led the Tennessee Board of Probation and Parole (BOPP) to order probation officers to discontinue the use of polygraphs, better known as lie detector tests, in their supervision of sex offenders. Polygraphs are to be used for …
DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
Article • May 15, 2012
California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500 by Bradley G. Dreher was a California parolee when he learned that he was HIV-positive. He was seeking treatment, but was arrested and incarcerated for alleged parole violations before he could begin a treatment regimen. He remained in …
Article • May 15, 2012
Filed under: Sentencing, Parole
Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative by Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative In a consolidated appeal of cases from Cook County and Livingston County in the State of Illinois, the Illinois Supreme Court has recognized the power of a county probation department to …
Article • May 15, 2012
Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit by Derek Gilna By Derek Gilna In a decision published on December 8, 2009, from an appeal of parts of an order of the Supreme Court, Queens County dated November 28, 2007, which denied …
Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action by Derek Gilna Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action By Derek Gilna Angel Luis Feliciano-Hernandez, sentenced by a Puerto Rican court in 1981 to a "term of perpetual imprisonment for treatment" for a "record …
Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …
6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" by Derek Gilna 6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" By Derek Gilna David Wayne Felts' conviction for failure to register under the Sex Offender Registration Notification Act (SORNA) was upheld by the Sixth Circuit Court of Appeals, which …
Article • May 15, 2012
Filed under: Sentencing
Arkansas Supreme Court Orders Sentencing Court to Run Two Sentences Concurrently by By Derek Gilna The Arkansas Supreme Court had granted the appeal of prisoner Joe Louis Kelley, Jr., who had filed a petition for declaratory judgment and a writ of mandamus to compel the sentencing court to correct an …
Article • May 15, 2012
California Court of Appeal Grants Habeas Relief to Lifer Following Initial Board Appearance by In January 2012, in an unpublished opinion, the California Court of Appeal granted habeas relief to a life prisoner who challenged the decision of the Board of Parole Hearings to deny him parole at his initial …
Article • May 15, 2012
Washington Sentence May Not Exceed Statutory Maximum; Court Determines Sentence Length, Not DOC by The Washington state Court of Appeals held that the sentencing court must ensure that the sentence imposed does not exceed the statutory maximum sentence. Randy Linerud pled guilty to failing to register as a sex offender …
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