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Article • September 15, 2011
Prisoners Must Resort to Habeas First before Settling Relief under the Privacy Act when Attacking a Prison Disciplinary Conviction that Involves the Loss of Good Time by Federal prisoners may not seek monetary damages via the Privacy Act when the requested relief, if granted, would necessarily imply the invalidity of …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Parole
California: OAL Disapproves Proposed Parole Board Regulation Formalizing Lifer Risk Assessments by Michael Brodheim In May 2011, California’s Office of Administrative Law (OAL) disapproved a proposed regulation submitted by the Board of Parole Hearings intended to formalize procedures requiring Board psychologists to evaluate the risk for future violence of life-sentenced …
Article • September 15, 2011 • from PLN September, 2011
Feds Pay Wrongfully Convicted D.C. Men $1.9 Million by The U.S. Department of Justice agreed in April 2011 to pay almost $1.9 million to two former prisoners wrongfully convicted of murder, who spent a combined 49 years in prison for a District of Columbia homicide. Joseph Wayne Eastridge and Joseph …
Article • September 15, 2011 • from PLN September, 2011
Federal Stimulus Money Not Spent as Intended by San Diego County Probation Department by According to an internal audit disclosed in November 2010, the San Diego County Probation Department did not allocate federal stimulus funds for the purposes intended under the terms of the stimulus program. The good news is …
Third Circuit Upholds Pennsylvania Sex Offender Treatment Parole Requirement by Mark Wilson The Third Circuit Court of Appeals held that a sex offender treatment requirement did not violate a Pennsylvania prisoner’s constitutional rights. In 1987, Clifford Newman was convicted of several sex offenses and sentenced to 20 years in prison. …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Good Time
North Carolina Prisoner’s First-Degree Murder Conviction is Valid Basis to Deny Awarding Good Time Credits by David Reutter by David M. Reutter On August 27, 2010, North Carolina’s Supreme Court reversed a grant of habeas corpus relief to a prisoner serving a life sentence for first-degree murder, holding that prison …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Parole
Federal Court Dismisses Virginia Lifers’ Parole Suit by On October 25, 2010, a federal district court dismissed a complaint brought by eleven Virginia Department of Corrections prisoners who alleged due process and ex post facto violations with respect to their parole hearings. The prisoners had sought to represent a class …
Article • September 15, 2011 • from PLN September, 2011
$85,000 Settlement in Philadelphia Wrongful Imprisonment Suit by The City of Philadelphia has agreed to pay $85,000 to a man who was wrongfully arrested and imprisoned for a year for a crime he didn’t commit. When Eugene Robinson saw his photo in the Week’s Most Wanted section of the Philadelphia …
Article • September 15, 2011 • from PLN September, 2011
Third Circuit Upholds Unanimity Requirement for Pennsylvania Pardon Recommendations by The Third Circuit Court of Appeals has upheld a Pennsylvania law requiring a unanimous vote on pardon and commutation recommendations. Article IV § 9(a) of Pennsylvania’s constitution authorizes the governor to commute or pardon a prisoner. Such authority is exercised …
Article • September 15, 2011
Filed under: Sentencing
Federal Courts Lack Authority to Expunge Valid Convictions by The Third Circuit Court of Appeals upheld a lower court’s decision that it lacked jurisdiction to expunge criminal convictions, pursuant to its inherent power to order equitable relief, or pursuant to the All Writs Act. David Rowlands, a New Jersey public …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Good Time, Parole
Extra Earned Time Sentence Reductions Save Oregon $25 Million by Early prison releases saved Oregon at least $25 million in 2009, according to an audit report by the Secretary of State’s office released in December 2010. On November 1, 1989, Oregon replaced its indeterminate parole matrix sentencing system with a …
Smith v. Kane County Sheriff, IL, Demand Letter, Medical Neglect, 2011 ALBUKERK 8c ASSOCIATES A T T O RNEYS & COUNSELORS AT LAW 1450 W R AN DOL P H S T , 2•• FLOOR CHICAGO , ILL I NOI S 60607 TE L : 7 7 3 . 84 …
Prosecutors Who Commit Misconduct Are Rarely Disciplined by Matthew Clarke by Matt Clarke Prosecutors have a great deal of power and discretion. They choose whether to prosecute a case, what charges to file against a defendant and what plea bargain to offer. They can influence the court when imposing sentence …
Article • August 15, 2011
Filed under: Sentencing, Parole
Resentence Credit May Be Used to Reduce Period of Mandatory Parole, Colorado Supreme Court Decides by Brandon Sample By Brandon Sample Presentence confinement credit (PSCC) unapplied during incarceration may be used to reduce an offender’s period of mandatory parole, the Supreme Court of Colorado decided December 3, 2008. Joseph Edwards …
GPS Tracking of Washington Sex Offenders Expanded by David Reutter By David M. Reutter In September 2008, The Washington State Department of Corrections (WDOC) began requiring its most violent sex offenders to wear a GPS monitoring bracelet for the first 30 days after release from prison. The new program is …
Article • August 15, 2011 • from PLN August, 2011
Habeas Hints: Expert Testimony in Habeas Cases by Kent A. Russell by Kent Russell This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas …
Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
Article • August 15, 2011 • from PLN August, 2011
California DOC Complies With Population Reduction Order in Plata v. Brown by John Dannenberg by John E. Dannenberg On June 7, 2011, a scant seven days after the U.S. Supreme Court’s historic ruling affirming a three-judge panel’s order to reduce overcrowding in California’s state prisons (Brown v. Plata, No. 09-1233 …
Habeas Unavailable for Federal Prisoners’ Medical Claims by Federal prisoners may not resort to habeas corpus to challenge inadequate medical care, the U.S. Court of Appeals for the Seventh Circuit decided on January 26, 2011. Charles Robinson sought habeas relief under 28 U.S.C. § 2241 after federal prison officials allegedly …
State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights by On September 8, 2010, the Ninth Circuit Court of Appeals held the “valid assertion of the state secrets privilege” warranted dismissal of a lawsuit filed by suspects apprehended as part of the CIA’s extraordinary rendition program. The suit …
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