A serial killer on North Carolina’s death row had no constitutional right under Simmons v. South Carolina to inform the sentencing jury that because he was already ineligible for parole, he did not pose a continuing danger to society, the ...Read More »
COLUMBIA (AP) — State parole officials have rejected a request for early release from prison for former HomeGold executive Ronnie Sheppard. A three-member panel of the parole board voted unanimously Wednesday against releasing Sheppard, whose lawyers argued that he needs ...Read More »
Criminal Practice – Sentencing – Parole – Violent Offenders – Constitutional – Due Process & Ex Post Facto Claims – Rehearing Denied
Burnette v. Fahey The 4th Circuit denies rehearing and rehearing en banc in this case in which a split panel held that plaintiff Virginia inmates did not state due process and ex post facto claims against defendant members of the Virginia parole board in their official capacities for an alleged policy of denying parole to parole-eligible inmates convicted of violent offenses.
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State v. Hawes Even though evidence of mutual violence between defendant and his wife weighs against application of S.C. Code Ann. § 16-25-90 (early parole eligibility for a domestic violence victim convicted of an offense against the perpetrator of the domestic violence), the mutual nature of the violence is merely one factor the court should consider...Read More »