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Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’

Loaded on July 20, 2018 by Dale Chappell published in Criminal Legal News August, 2018, page 42
Filed under: Release and Reentry, Ex Post Facto, Overdetention. Location: Hawaii.

by Dale Chappell

Weekends in jail count as time “in prison,” the U.S. Court of Appeals for the Ninth Circuit held, granting immediate release for a prisoner serving a supervised release revocation term in prison.

When Wallace Shimabukuro violated his federal supervised release for the third and final time, the ...

 

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More from this issue:

  1. Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon?, by Steve Horn
  2. $600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison
  3. Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’, by Derek Gilna
  4. Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant, by Richard Resch
  5. Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial, by David Reutter
  6. New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release, by Dale Chappell
  7. #Policetoo: 35 States Allow ‘Consensual’ Sex Between Police and Detainees, by Christopher Zoukis
  8. Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law, by Dale Chappell
  9. Durham, North Carolina, Opts Out of Military-Style Training for Police, by Christopher Zoukis
  10. Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged, by Christopher Zoukis
  11. Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error, by Dale Chappell
  12. Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense, by David Reutter
  13. Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act, by Dale Chappell
  14. Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You, by Christopher Zoukis
  15. Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property, by Dale Chappell
  16. Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant, by Dale Chappell
  17. $1 Million Paid by NYC to Settle False Arrest Claim
  18. Government Eyes Are Watching You: We Are All Prisoners of the Surveillance State, by John W. Whitehead
  19. Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions, by Dale Chappell
  20. New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial, by Matthew Clarke
  21. Seattle to Toss Old Pot Convictions
  22. Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed, by Dale Chappell
  23. Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel, by Christopher Zoukis
  24. FBI Data Reveal ‘War on Cops’ is Nonexistent, by Dale Chappell
  25. South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial, by Dale Chappell
  26. Pennsylvania Supreme Court Vacates Intellectually Disabled Prisoner’s Death Sentence, by Christopher Zoukis
  27. Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences, by Dale Chappell
  28. Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing, by Christopher Zoukis
  29. Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death, by Dale Chappell
  30. Is FBI Using Classified Tools for Everyday Investigations?, by Christopher Zoukis
  31. Legally Thrown in Jail for Wanting to File a Complaint Against Police
  32. District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’
  33. Powerful District Attorney Lobbies Improperly Influence Law Making, by Matthew Clarke
  34. NYPD Hands Out Business Cards So Suspects Can Rate Their Encounter with Cops
  35. State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases, by Betty Nelander
  36. News in Brief
  37. Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’, by Dale Chappell
  38. The Long, Dark History of Law Enforcement’s Warrantless Bus Searches, by Steve Horn
  39. Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking, by Dale Chappell
  40. Risk Assessment Software: Biased and No Better Than Human Behavior Prediction, by Christopher Zoukis
  41. Daily Caller Investigation Lays Opiate Crisis at Feet of DEA, by Derek Gilna
  42. SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional, by Richard Resch
  43. Dial T for Tyranny: While America Feuds, the Police State Shifts Into High Gear, by John W. Whitehead
  44. Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots, by Dale Chappell

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