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Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision by Douglas Ankney by Douglas Ankney Consolidating two appeals that had produced conflicting results …
Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction by David Kim by David Kim In a matter of first impression, the Supreme Court of Montana unanimously reversed a district court …
Article • May 15, 2022 • from CLN June, 2022
Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief by Dale Chappell by Dale Chappell After you’ve filed your petition for habeas relief in federal court, you may decide to take further actions, such as filing a motion to “stay” your proceedings, to appoint counsel, or to release you on …
Article • May 1, 2022 • from CLN May, 2022
Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile by Dale Chappell by Dale Chappell Waiting more than four years for a Wisconsin state court to hear a defendant’s appeal was “ineffective to protect …