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Articles by Mark Wilson

Oregon PPS Sanctions May Not Exceed 180 Days; Prior Contrary Ruling Overturned

Oregon PPS Sanctions May Not Exceed 180 Days; Prior Contrary Ruling Overturned

 

by Mark Wilson

 

The Oregon Court of Appeals has held that the Parole Board lacks authority to impose incarceration sanctions in excess of 180 days for post-prison supervision (PPS) violations for life-sentenced offenders convicted of murder. ...

Oregon Judge Scolded for Courtroom Rant

Oregon Judge Scolded for Courtroom Rant

 

by Mark Wilson

 

The Oregon Supreme Court has publicly censured a trial court judge for a profanity-laced tirade during a sentencing hearing.

In October 2011, Richard Lee Taylor, 60, was convicted of 21 sex offenses involving two 12-year-old boys. Evidence of his ...

Witness Protection Program Termination Unreviewable; 188 Days in SHU Triggers Due Process Protections

Witness Protection Program Termination Unreviewable; 188 Days in SHU Triggers Due Process Protections

 

by Mark Wilson

 

The Second Circuit Court of Appeals has held that claims related to termination from a federal witness protection program are not judicially reviewable. The Court reinstated an administrative segregation claim, however, holding ...

North Dakota Courtroom Shackling Requires Independent Assessment by Judge

North Dakota Courtroom Shackling Requires Independent Assessment by Judge

 

by Mark Wilson

 

The North Dakota Supreme Court has held that a lower court abused its discretion by failing to independently assess the need for shackling a defendant during a civil commitment discharge hearing.

On January 11, 2006, Robert ...

Seventh Circuit Reverses Dismissal of Prisoner’s 99-Page Complaint

Seventh Circuit Reverses Dismissal of Prisoner’s 99-Page Complaint

 

by Mark Wilson

 

The Seventh Circuit Court of Appeals has reversed a district court’s finding that a prisoner’s “99-page complaint defies understanding, rendering it unintelligible and subject to dismissal on that basis.”

In 2011, federal prisoner Jurijus Kadamovas, who is ...

Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution

In May 2013, the Oregon Court of Appeals agreed that a trial court had committed plain error when it recommended that a defendant pay restitution in an amount to be determined by the Board of Parole and Post-Prison Supervision (Board). The appellate court refused to correct the error, however, because ...

Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence

On June 6, 2013, the Eighth Circuit Court of Appeals held that a prisoner was not entitled to credit toward his federal sentence for time already served on state charges.

In March 2007, Charles Lee Elwell was arrested in Iowa. A federal indictment was issued against him several days later; ...

Idaho Supreme Court Upholds Dismissal of Section 1983 Claims in Jail Suicide Case

The Idaho Supreme Court has affirmed a lower court’s dismissal of § 1983 claims stemming from the death of a detainee who committed suicide at the Ada County Jail (ACJ).

On September 28, 2008, Bradley Munroe was arrested for robbery. He was hospitalized because he was intoxicated, uncooperative and exhibiting ...

Washington PRA Violations Result in Costs and Penalties

The Washington Court of Appeals, Division Two, held on July 30, 2013 that a state agency violated Washington’s Public Records Act (PRA) by failing to respond to a prisoner’s request within the statutory time limit and by redacting information not exempt from disclosure. The appellate court instructed the lower court ...

Second Circuit: SORNA Applies to All Sex Offenders

The Second Circuit Court of Appeals held that the federal Sex Offender Registration and Notification Act (SORNA) applied upon enactment to sex offenders whose predicate sex offense convictions predate SORNA. The appellate court also held that violation of SORNA’s criminal enforcement provision is a general intent crime. The Supreme Court ...