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
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
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
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
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 ...
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 ...
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; ...
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 ...
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 ...
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 ...
