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Tag Archives: Parole

Criminal Practice – Sentencing – Parole – Violent Offenders – Constitutional – Due Process & Ex Post Facto Claims – Rehearing Denied (access required)

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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Criminal Practice – Sentencing – Parole – Manslaughter – Domestic Violence Victim – Mutual Violence (access required)

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...

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