9 results for 'cat:"Criminal Procedure" AND cat:"Parole"'.
J. Gonzalez finds that the lower court properly granted the petitioner's habeas corpus petition alleging that he was not given a timely hearing after his arrest for violating parole. The Less is More Act plainly requires a speedy adjudication of alleged parole violations within 24 hours, but defendant was held for five days after the execution of the warrant. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: March 26, 2024, Case #: 01685, Categories: criminal Procedure, Habeas, parole
J. Aarons finds that defendant's appeal from the denial of his habeas request should be dismissed as moot. Defendant had absconded in 2015 and remained at large until he was charged with attempted murder in Illinois in 2017, for which he served a six-year sentence before being extradited to New York. Defendant objected to being held without bail pending a parole revocation hearing, but the issue was rendered moot when a revocation hearing occurred and he was returned to prison until 2030. Defendant's valid complaint that he had not been allowed to cross-examine a parole officer was not sufficiently novel to trigger an exception to the mootness doctrine.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535304, Categories: criminal Procedure, Habeas, parole
J. Rovner finds that the defendant's appeal must be dismissed as moot because he has completed his 70-month sentence for being a felon in possession of a firearm and has suffered no injury that can be redressed by a favorable judicial decision.
Court: 7th Circuit, Judge: Rovner, Filed On: February 22, 2024, Case #: 23-2196, Categories: criminal Procedure, parole
J. Mathias finds that the trial court improperly held defendant in jail for 630 days without holding a hearing on whether he violated parole based on the false idea that he was being held for parole violations and new criminal charges. Defendant was entitled to a determination as to whether his delay was unlawful and whether allegations that he violated parole should be dismissed. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: January 31, 2024, Case #: 23A-MI-1053, Categories: criminal Procedure, parole
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Per curiam, the Supreme Court of Ohio finds the inmate's failure to raise any argument in his appeal regarding his mandamus claim against the parole board renders the claim abandoned. Meanwhile, the lack of any claim the parole board exercised judicial power when it based its parole decision, at least in part, on the inmate's alleged paternity of the child of his rape victim, forecloses any chance of success on his petition for a writ of prohibition. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2263, Categories: criminal Procedure, parole