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Article • October 10, 2017 • from PLN October, 2017
Virginia Governor Grants Full Pardons to the “Norfolk Four” by Christopher Zoukis by Christopher Zoukis Four former U.S. Navy veterans wrongly convicted of the rape and murder of an 18-year-old woman have been granted full pardons by Virginia Governor Terry McAuliffe. Eric Wilson, Danial Williams, Derek Tice and Joseph Dick, ...
Article • October 9, 2017 • from PLN October, 2017
Parole Remains Elusive for Virginia Prisoners by David Reutter by David Reutter Virginia has more than 3,500 prisoners eligible for parole, representing over 9% of its prison population of 38,000 – a significant number considering that the state abolished parole over 20 years ago. Still, even for those long-serving prisoners ...
Article • October 9, 2017 • from PLN October, 2017
Compensation for Wrongful Convictions in Massachusetts Not Easily Obtained by Christopher Zoukis by Christopher Zoukis Kevin O'Loughlin was wrongfully convicted of raping an 11-year-old girl in 1983. He spent almost four years in prison, where he endured multiple assaults – all for a crime he did not commit. Then a ...
Article • October 9, 2017 • from PLN October, 2017
Vermont Supreme Court Invalidates Sex Offender Probation Conditions by Last year the Vermont Supreme Court vacated four sex offender probation conditions, finding that they improperly delegated judicial authority to probation officers and were overbroad, unconstitutional or based upon insufficient findings. In 2013, Owen Cornell was convicted of a sex offense ...
Article • October 9, 2017 • from PLN October, 2017
Kansas Supreme Court: Four Years of Pretrial Detention too Long by In December 2016, the Kansas Supreme Court ordered the release of a man who had been held in jail more than four years awaiting trial under the Kansas Sexually Violent Predator Act (KSVPA). The state’s high court held that ...
Article • September 13, 2017
Illegal 24-Day ICE Detention Nets Lawful Permanent Resident $99,000 Settlement by Lonnie Burton by Lonnie Burton In 2008 a lawsuit filed by a Mexican citizen who had obtained lawful permanent resident status in the United States and was later detained while trying to return to the U.S. from Mexico was ...
Article • September 13, 2017
$10,000 Settlement for California Man Unlawfully Detained by ICE by Lonnie Burton by Lonnie Burton On October 1, 2013, U.S. District Judge Samuel Conti, sitting in the U.S. District Court for the Northern District of California, San Francisco Division, signed a stipulated order dismissing a lawsuit filed by a man ...
Article • September 13, 2017
Lawful Sudanese Immigrant Receives $60,000 Settlement for Five Days Unlawful ICE Detention by Lonnie Burton by Lonnie Burton On November 2, 2004, U.S. District Judge Charles K. Wolff of the U.S. District Court for the Southern District of Iowa, signed an order approving the settlement in, and dismissing, a case ...
Article • September 13, 2017
Naturalized U.S. Citizen Receives $400,000 after Being Illegally Held by ICE for 71 Months by Lonnie Burton by Lonnie Burton Rennison Vern Castillo served honorably in the United States Army. He received the National Defense Service Medal and an Army Service Ribbon. While serving the country, Castillo was sworn in ...
Article • September 12, 2017
Arizona's No-Bail Constitutional Provision for Certain Sex Crimes Violates Federal Constitution, State Supreme Court Says by Lonnie Burton by Lonnie Burton On February 9, 2017, the Arizona Supreme Court struck down a state constitutional provision which barred bail in certain sex offense cases where the alleged victim was under 15 ...
Article • September 8, 2017
Filed under: Sentencing, Juveniles
California Court Refuses to Reduce Juvenile's 32 Years-to-Life Under Miller v. Alabama by Lonnie Burton by Lonnie Burton On January 24, 2017, a three-judge panel of the California Court of Appeal, Fourth Appellate District, Division Two, largely upheld the sentence of a man who was sentenced in 2011, at age ...
Article • September 6, 2017
Filed under: Sentencing
Colorado Supreme Court Affirms Double Enhancement for Assault of Prison Guard by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court has upheld a trial court's decision to sentence a prisoner to a consecutive term for assaulting a prison guard and to enhance the sentence because it was committed by ...
Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder ...
Article • August 31, 2017
Filed under: Mandamus, Parole
Denial of Parole No Basis for Writ of Mandamus in Arkansas by Dale Chappell by Dale Chappell A petitioner’s claim that his rights were violated when he was denied parole is no basis for a writ of mandamus, the Arkansas Supreme Court held on August 3, 2017. Anthony Warren filed ...
Article • August 31, 2017
Filed under: Parole
Constitutional Claim Required to Trigger Judicial Review Under Arkansas Administrative Procedure Act by Dale Chappell by Dale Chappell A petitioner must state a colorable constitutional claim to trigger entitlement to judicial review under the Arkansas Administrative Procedure Act (APA), the Arkansas Supreme Court held on August 3, 2017. Jeremy Kennedy ...
Article • August 30, 2017 • from PLN September, 2017
Denver Man, Accused of Rape Due to Mishandled DNA, Has Lawsuit Dismissed by Derek Gilna by Derek Gilna Shawnnon Hale, 24, wrongful accused of felony rape and jailed for 61 days, was released from custody in Denver, Colorado in early 2015 when the police crime lab acknowledged it had mislabeled ...
Article • August 30, 2017 • from PLN September, 2017
Filed under: Parole, Parole Conditions
Oregon Parole Board Must Define Applicable Statutory Terms by The Oregon Court of Appeals has held that a prisoner was improperly denied an early parole consideration hearing when the Board of Parole and Post-Prison Supervision (Board) failed to define “reasonable cause” before applying that statutory term. In 1986, George W. ...
Article • August 30, 2017 • from PLN September, 2017
Oregon Prosecutors and Cops Bully Parole Board into Improperly Rescinding Parole; Court Orders Release by The Oregon Court of Appeals held last year that a prisoner’s release date had been improperly rescinded due to a public outcry, contrary to state law. Oregon prisoner Sidney Dean Porter was sentenced to life ...
Article • August 30, 2017 • from PLN September, 2017
Filed under: Probation
HOPE and SCF Probation Programs Criticized in Study by Derek Gilna Although incarceration levels in the U.S. have receded slightly this decade – to around 2.2 million people in 2016, according to the Prison Policy Initiative – the number of offenders on some form of probation or community supervision has ...
Article • August 30, 2017 • from PLN September, 2017
Utah Supreme Court Reverses Termination of Prisoner’s Parental Rights by On December 6, 2016, the Supreme Court of Utah reversed the termination of a prisoner’s parental rights because the juvenile court had interpreted a state statute as prohibiting the appointment of counsel for the prisoner. C.B.S. is a Utah prisoner ...
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