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Article • September 15, 2011
Denial of Habeas Corpus Ad Testificandum Not Reviewable on Immediate Appeal by By David M. Reutter The Seventh Circuit Court of Appeals has dismissed for want of appellate jurisdiction a prisoner’s appeal of the denial of a petition for writ of habeas ad testificandum. Before he was sentenced to prison …
Article • September 15, 2011
Filed under: Sentencing, Parole
Michigan DOC Cannot Cancel Parole Discharge by David Reutter By David M. Reutter The Michigan Supreme Court has held that the Michigan Department of Corrections (MDOC) does not have authority to cancel a parole discharge once granted, and that courts have no authority to modify a sentence in response to …
Article • September 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by By Brandon Sample Persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor, U.S. District Judge Joan B. Gottschal so held March 11, 2008. Stephanie Bowens and …
Tennessee GPS Monitoring of Sex Offenders Upheld by The Sixth Circuit Court of Appeals has held that Tennessee’s Sex Offender Registration and Monitoring acts do not violate the ex post facto prohibition of the U.S. Constitution. In doing so, the appellate court determined that tracking via a global positioning system …
Article • September 15, 2011 • from PLN September, 2011
Paperwork SNAFU Leaves Mentally Ill Woman Jailed in Louisiana for Eight Months by A paperwork error was blamed for a schizophrenic and bipolar woman being held in Louisiana jails for eight months even though the charges against her were dropped and she had not been appointed an attorney. Louisiana state …
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 …
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