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Article • November 15, 2011
Superior Court in California Enters Judgment on False Imprisonment Claim for $26,223.80 by The Superior Court of California, Alameda County, entered a $26,203.80 judgment in a false imprisonment claim. Jorge Gallegos was a prisoner in the California Department of Corrections (CDOC) serving a 12 year sentence that began on September …
Article • November 15, 2011
No Sixth Amendment Right to Confront Witnesses at Parole Revocation Hearings by Brandon Sample By Brandon Sample The Sixth Amendment’s right to confront witnesses does not apply to parole revocation proceedings, the U.S. Court of Appeals for the Tenth Circuit decided November 24th, 2010. The U.S. Parole Commission revoked Bruce …
Article • November 15, 2011
CDOC Agrees to Pay $20,000 for Unlawful Imprisonment by Steven Larson sued the CDOC alleging constitutional violations, false imprisonment, and negligence after he was unlawfully held for 47 days. In 2007, Larson violated the conditions of his parole. At the revocation hearing, Larson received a firm parole discharge date of …
Article • November 15, 2011
$12,000 Settlement Reached in Washington Parolee Wrongful Death Claim by A $12,000 settlement was reached in a wrongful death suit against the State of Washington and Pierce County. Tracy Joe Enoch-Jevne was convicted on four separate DUI counts spanning from February 1996 to December 1998. Due to an error, she …
Article • November 15, 2011
26,500 Settlement Reached in Washington State Over-Detention Suit by A $26,500 settlement was reached in a wrongful imprisonment suit filed against the Washington State Department of Corrections (WDOC). In November 1997, Benjiman Abolafya was convicted of third degree rape and sentenced to 60 months in WDOC custody. After receiving the …
Article • November 15, 2011
$50,000 Settlement Reached in Washington Over-Detention Suit by A $50,000 settlement was reached in an unlawful imprisonment suit filed against the Washington State Department of Corrections (WDOC). On March 31, 1992, Jeffrey Westfall pled guilty to one count attempted second-degree rape and two counts of residential burglary and was sentenced …
Smith v. Kane County Sheriff, IL, Settlement, Medical Neglect, 2011 SETTLEMENT AGREEMENT AND MUTUAL RELEASE at- This Settlement Agreement and Mutual Release ("Agreement'') is made ~ ~ ' by and between Husan Smith, D.O.B. 12/13/78, residing - d the County. of Kane, the Kane County Sheriff, and the Circuit Court …
Article • October 15, 2011 • from PLN October, 2011
Economy Forces States to Rethink Juvenile Justice Policies, Priorities by The “tough on crime” movement of the 1990s ushered in a wave of harsh juvenile justice practices across the U.S., and the philosophy for dealing with juvenile offenders shifted from rehabilitative to punitive. Children were tagged with dehumanizing labels like …
FBI Claims 2,500 Percent Increase in Child Porn Arrests by Although the number of prosecutions for child pornography is small in comparison with drug and immigration offenses, child porn cases have skyrocketed according to FBI statistics. Arrests for such crimes are up 2,500 percent since 1996, largely due to technology …
Article • October 15, 2011 • from PLN October, 2011
Oregon Aggravated Murder Statute Creates Liberty Interest by Mark Wilson The Ninth Circuit Court of Appeals has held that Oregon’s aggravated murder statute creates a protected liberty interest in parole eligibility. In 1982, Oregon state prisoner Douglas Miller was convicted of aggravated murder and sentenced to life imprisonment with a …
Article • September 15, 2011
Washington Jail's Denial of Good Time Without Hearing Violates Due Process by Division 3 of the Washington State Court of Appeals has held that the Ferry County Jail’s denial of good time credits to a prisoner without notice or a hearing violated the federal Due Process Clause. Kenneth Atwood, a …
Article • September 15, 2011
Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld by Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld Justin Autrey and Darrell Abbott, Washington state sex offenders, appealed trial court stipulations to their release from prison. Those …
Article • September 15, 2011
Third Circuit: Local Occupation Restrictions on Fraudulent "Attorney" Allowed by Third Circuit: Local Occupation Restrictions on Fraudulent "Attorney" Allowed On April 19, 2006, the Third Circuit upheld occupational restrictions placed on a former federal prisoner that prohibited him from working for an attorney of law firm while on three years …
Article • September 15, 2011
Washington Court's Imposition of Unauthorized Supervision Overturned by Randy Town, a Washington state prisoner, pled guilty to 2 counts of statutory rape based on incidents occurring between 1983 and 1987. He was sentenced to 300 months in prison and 1 year of community placement supervision on each count at his …
Article • September 15, 2011
California: Probation Revocation Based Upon Hearsay Evidence Was Error by by John E. Dannenberg The California Court of Appeal reversed a prisoner's revocation of probation that had rested upon hearsay evidence at his revocation hearing. The court held that where there had been no impediment to having gained actual witness …
Article • September 15, 2011
Fifth Circuit: Texas DNA Testing Motion Tolls Federal Habeas Limitations by Matthew Clarke by Matt Clarke On November 14, 2007, the Fifth Circuit court of appeals ruled that a post-conviction DNA testing motion filed pursuant to Chapter 64 of the Texas Code of Criminal Procedure (C.C.P.) tolled the one-year limitations …
Minnesota: 1999 Law Requiring Sex Offenders To Undergo Mental Health Treatment Cannot Be Applied Retroactively by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals held that a 1999 statutory amendment mandating all sex offenders to undergo mental health treatment was an ex post facto law as applied …
Article • September 15, 2011
Filed under: Sentencing
Eighth Circuit Upholds BOP’s Denial of Nunc Pro Tunc Designation by The Eighth Circuit Court of Appeals upheld a Bureau of Prisons (BOP) refusal to grant a nunc pro tunc designation. In 1991, Michael Fegans pled guilty to a federal bank robbery charge while unrelated charges were pending in Arkansas …
Article • September 15, 2011
Minnesota Commissioner of Corrections Not Immune From Section 1983 Suit Seeking Injunctive Relief by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals ruled that the Commissioner of Corrections does not enjoy absolute immunity from injunctive relief when acting in her “quasi-judicial” capacity to review a lifer’s suitability …
Article • September 15, 2011
Texas Parolee Has Right to Preliminary Revocation Hearing Despite New Charges by On October 3, 2007, the Texas Court of Criminal Appeals held that a Texas parolee has a right to a preliminary parole revocation hearing even if the parolee is imprisoned awaiting trial on a new charge. Jesse Richard …
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