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Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arizona held that a defendant’s third postconviction relief (“PCR”) motion was not untimely, nor …
Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months by Sam Rutherford by Sam Rutherford TheSupreme Court of Washington held that the terms “community custody” and “community supervision” are synonymous within the meaning of the second sentence of RCW 9.94A.589(5) for offenses …
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso by Anthony W. Accurso New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders …
Publication • 2021
Filed under: Parole
University of TX, Dead Man Waiting - Profile of Deaths in TX Prisons Among People Approved for Parole Release, 2021 COVID, Corrections, and Oversight Project ~~, June 2021 DEAD MAN WAITING: A brief profile of deaths in Texas prisons among people approved for parole release Michele Deitch, Destiny Moreno, and …
Article • April 15, 2020 • from CLN May, 2020
Filed under: Parole
Could a Second Chance be the Answer? by Kevin Bliss by Kevin Bliss Louisiana has one of the U.S.’s toughest second-degree murder sentencing structures. If convicted, it is an automatic life without parole. The state currently has about 5,000 of its approximately 33,000 prisoners serving life sentences, 51 percent of …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Parole
Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence by Anthony Accurso by Anthony Accurso The Supreme Court of Nevada held that the Nevada Board of Parole Commissioners had the authority to petition a district court to modify a defendant’s sentence and remove him from lifetime parole. Marlin …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Parole
Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period by Mark Wilson by Mark Wilson The Court of Appeals of Oregon reversed and remanded the Parole Board’s order deferring prisoner’s parole release date for eight years, ruling that “ORS 144.280(3) requires the [parole] board to issue a final …
Tennessee Criminal Justice Investment Task Force review, 2019 Criminal Justice Investment Task Force Acknowledgements While the work of a number of subcommittees of the Tennessee Criminal Justice Investment Task Force is ongoing and not reflected within this report, the Task Force would like to thank the following agencies, associations, and …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Parole, Fifth Amendment
Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky held that the Parole Board’s (“Board”) current conditional-freedom final revocation hearing procedures for post-incarceration supervisees violate an offender’s due process rights. David Wayne Bailey was released from prison and …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Appeals, Sentencing, Parole
Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’ by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland held that where a circuit court imposed on remand a sentence …
Publication • August 1, 2019
CLC, Georgetown Law Civil Rights Clinic Report -- "Can't Pay, Can't Vote.: A National Survey on the Modern Poll Tax," 2019 Can’t Pay, Can’t Vote: A NATIONAL SURVEY ON THE MODERN POLL TAX Table of Contents Executive Summary 4 Introduction 7 Part I: History and Context 13 A. Poll Taxes …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Parole, Juveniles
West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive by Douglas Ankney by Douglas Ankney The Supreme Court of West Virginia announced that the provision of the Juvenile Sentencing Reform Act of 2014 that applies to parole eligibility for persons who committed …
Article • July 16, 2019 • from CLN August, 2019
Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible by Kevin Bliss by Kevin Bliss Prison reform advocates contend that parole does more to perpetuate recidivism than it does to monitor positive rehabilitation into society. Columbia University’s Justice Lab prepared a report in 2017 that stated that New York …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Parole
Illinois Enacts Youthful Parole for Some by Clifford Powers by Clifford Powers Illinois Governor JB Pritzker made history on April 1, 2019, when he signed a bill creating Illinois’ first new parole system since it was effectively abolished in 1978. Before this, only those incarcerated for over 40 years, i.e. …
Publication • June 1, 2019
The Sentencing Project, Campaign to End Life Imprisonment - Women and Girls Serving Life Sentences, 2019 CAMPAIGN TO END LIFE IMPRISONMENT WOMEN AND GIRLS SERVING LIFE SENTENCES Nationwide one of every 15 women in prison — nearly 7,000 women — is serving a life or virtual life sentence.1 One-third of …
Analysis of California LWOP Decisions, Harvard Law Review, 2019 \\jciprod01\productn\H\HLC\54-2\HLC202.txt unknown Seq: 1 28-JUN-19 13:22 A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions Kristen Bell1 “With this faith, we will be able to hew out of the mountain of despair a stone of hope.” …
A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions, Harvard Law Review, 2019 \\jciprod01\productn\H\HLC\54-2\HLC202.txt unknown Seq: 1 28-JUN-19 13:22 A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions Kristen Bell1 “With this faith, we will be able to hew out …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Parole
California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation by Douglas Ankney by Douglas Ankney On December 5, 2018, the Court of Appeal of California, Fourth Appellate District, ruled that a commissioner may not preside over a parole revocation hearing absent a stipulation by the parties. …
Article • December 31, 2018 • from CLN January, 2019
Filed under: Sentencing, Parole, Juveniles
California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute by Christopher Zoukis by Christopher Zoukis The Court of Appeal of California, Second Appellate District, ruled that a statute granting prisoners who were convicted as youth offenders improved parole eligibility possibilities supersedes a different statute that requires …
Article • September 24, 2018 • from CLN October, 2018
Houston Forces Parolees out of City Under New Rule by A new ordinance passed by the Houston, Texas, city council requiring housing for parolees to be at least 1,000 feet from any park, school, day care, or other re-entry housing has effectively pushed parolees outside the city. When asked for …
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