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Article • August 15, 2011 • from PLN August, 2011
Fifth Circuit Vacates Dismissal of Habeas Challenge to Texas Parole Changes by On February 2, 2011, the Fifth Circuit Court of Appeals vacated a district court’s judgment dismissing a prisoner’s challenge to retroactive changes in Texas parole procedures. Matthew Clarke, a Texas state prisoner and PLN contributing writer, filed a …
Article • August 15, 2011 • from PLN August, 2011
Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law by Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law On March 7, 2011, the U.S. Supreme Court held that a Texas prisoner could challenge the due process he received under Texas’ post-conviction DNA testing …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference by Matthew Clarke by Matt Clarke On March 19, 2010, the Seventh Circuit Court of Appeals held that a federal district court violated Rule 32.l(b)(2) of the Federal Rules of Criminal Procedure when the judge used videoconferencing technology to appear …
Article • August 15, 2011 • from PLN August, 2011
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted by David Reutter by David M. Reutter A “clean hands” provision in a Florida law designed to compensate wrongfully convicted prisoners is preventing most of those prisoners from receiving compensation. Of 13 men cleared by DNA evidence in Florida, only one …
Article • August 15, 2011 • from PLN August, 2011
Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors by Mark Wilson On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his …
Ohio Legislature Cannot Increase Sex Offender Registration Requirements Imposed By Court by Michael Brodheim By Michael Brodheim A divided Ohio Court of Appeals has held that changes to the state's Sex Offender Registration and Notification (SORN) Act, increasing its registration and notification requirements, violate the constitutional separation of powers doctrine …
Article • August 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by Brandon Sample 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 …
New York Sex Offenders’ Settlement Agreement Superseded By New Registration Law by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals dealt a blow to New York state sex offenders when it ruled that in spite of an earlier suit and settlement agreement constraining sex offender …
Article • July 15, 2011
Filed under: Sentencing, Parole
California: Multi-Year Lifer Parole Denial Is Permissible Following One-Year Denial, Even In Absence of Significant Changes by Marvin Mentor The California Court of Appeal reversed the Marin County Superior Court’s ruling that had constrained the Board of Parole Hearings (Board), when conducting lifer parole consideration hearings, to give no more …
Article • July 15, 2011
Filed under: Sentencing, Parole
Texas Prisoner Entitled to Separate Mandatory Supervision Calculation by By Matt Clarke On July 2, 2008, the Texas Court of Criminal Appeals held that a Texas prisoner who was originally had a mandatory-supervision-eligible sentence, but received two more consecutive sentences while incarcerated, had the right to have his sentences calculated …
No Rehearing For Disciplinary Actions Vacated On Substantive Grounds by Bob Williams By Bob Williams In another unpublished decision, a unanimous Colorado Court of Appeals has held that if a prisoner's administrative disciplinary conviction is vacated on district court review, expungement and not a rehearing is mandatory if the reversal …
Treatment Required For Prisoners Committing Sex Offenses In Prison by Bob Williams By Bob Williams The Colorado Court of Appeals rejected a plea by a state prisoner to avoid Colorado's Sex Offender Treatment Program (SOTP) which the Colorado Department of Corrections (CDOC) requires based on sexually based disciplinary infractions. Timothy …
Article • July 15, 2011
Restitution Decisions Nondelegable; Alcohol Consumption Supervision Condition Invalid by The Ninth Circuit Court of Appeals held that a lower court erred in imposing supervision conditions which delegated restitution decisions to a probation officer, and prohibiting alcohol consumption. It upheld conditions restricting employment and requiring searches without a warrant. “Marcus Betts …
Article • July 15, 2011
Filed under: Sentencing, Parole
California Appellate Court Vacates Governor’s Reversal of Lifer’s Parole Grant by John Dannenberg by John E. Dannenberg The California Court of Appeal, Fourth District, vacated Governor Schwarzenegger’s reversal of a murderer’s grant of parole and reinstated parole. A majority of the court found that there was no evidence showing that …
Article • July 15, 2011
Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law by Matthew Clarke by Matt Clarke On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241. John Witherow, a Nevada …
Article • July 15, 2011
Missouri Parole Board May Not Use Facts of Crime Already Considered by Governor in Clemency Approval to Deny Parole by The Missouri Supreme Court issued a peremptory writ of mandamus to the state parole board ordering new parole hearings for two life prisoners, and constraining the board from considering the …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
Article • July 15, 2011
Fifth Circuit: No Liberty Interest in Discretionary BOP Sentence Reduction by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals upheld the denial of sentence reduction to a federal prisoner who had completed the Residential Drug Abuse treatment Program (RDATP). Michael Richardson, a federal prisoner incarcerated at the …
Maine Supreme Judicial Court Reinstates Challenge to Maine SORNA by Matthew Clarke By Matt Clarke The Maine Supreme Judicial Court has reversed the dismissal of a challenge to the Maine Sex Offender Registration and Notification Act (SORNA), 34-A M.R.S. §§ 11201-11256. John Doe is the pseudonym of a person convicted …
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