Parole Hearings Must Be Held in Prison: That was the holding of the Sixth Circuit yesterday in Terrell v. United States. According to Jonathan Adler at Volokh Conspiracy, the court held the United States Parole Commission could not use video conferencing to conduct parole determination hearings. The Parole Commission is required to hold the hearings in person under 18 U.S.C. § 4208(e). § 4208(e) was repealed, but its requirement that "[t]he prisoner shall be allowed to appear and testify on his own behalf at the parole determination hearing[,]" remained available for those who committed a crime before Nov. 1, 1987. Terrell was one such prisoner, and despite some serious misconduct in federal prison - including murder - will receive the benefit of its protection.
A Different Take on Habeas Corpus: Doug Berman has posted the abstract for a new SSRN article discussing habeas corpus on SSRN. "A Structural Vision of Habeas Corpus" by Eve Brensike Primus, a member of University of Michigan Law School's faculty, "proposes a new conception of federal habeas review under which the federal courts focus on states, not on individual petitioners. Federal habeas relief should be available when, but only when, a state routinely violates its criminal defendants' federal rights as part of a systemic practice." She argues this approach would increase efficiency and be more respectful to state institutions.
Supreme Court Asks for Additional Briefing on Sixth Amendment Issue: Lyle Denniston reports on SCOTUSblog that the Supreme Court has asked parties in Montejo v. Louisiana (07-1529) for additional briefing on whether the Court should overrule its 1986 decision in Michigan v. Jackson. Jackson held that once a defendant asserts his right to counsel at an arraignment or similar proceeding, the rule of Edwards v. Arizona prevents the trial court from finding a valid waiver of rights if police initiate reinterrogation. Montejo addresses the separate issue of whether a defendant needs to take additional steps to accept the appointment in order to secure the protections afforded by the Sixth Amendment. Denniston writes that the Louisiana Supreme Court relied on the Fifth Circuit Court, and held that "a defendant who has been appointed counsel cannot invoke the protections of Michigan v. Jackson unless the defendant has previously done something affirmatively to 'accept' the appointment."
FBI Honor Roll: On a "feel good" note, Joe Palazzolo has a post on Blog of the Legal Times that reports on the FBI's ceremony to award its highest honors to 38 agents and foreign, federal, and local law enforcement officers for their brave and courageous acts in the line of duty. These agents and law enforcement officers deserve our gratitude for putting aside their own safety in order to protect others.
A Different Take on Habeas Corpus: Doug Berman has posted the abstract for a new SSRN article discussing habeas corpus on SSRN. "A Structural Vision of Habeas Corpus" by Eve Brensike Primus, a member of University of Michigan Law School's faculty, "proposes a new conception of federal habeas review under which the federal courts focus on states, not on individual petitioners. Federal habeas relief should be available when, but only when, a state routinely violates its criminal defendants' federal rights as part of a systemic practice." She argues this approach would increase efficiency and be more respectful to state institutions.
Supreme Court Asks for Additional Briefing on Sixth Amendment Issue: Lyle Denniston reports on SCOTUSblog that the Supreme Court has asked parties in Montejo v. Louisiana (07-1529) for additional briefing on whether the Court should overrule its 1986 decision in Michigan v. Jackson. Jackson held that once a defendant asserts his right to counsel at an arraignment or similar proceeding, the rule of Edwards v. Arizona prevents the trial court from finding a valid waiver of rights if police initiate reinterrogation. Montejo addresses the separate issue of whether a defendant needs to take additional steps to accept the appointment in order to secure the protections afforded by the Sixth Amendment. Denniston writes that the Louisiana Supreme Court relied on the Fifth Circuit Court, and held that "a defendant who has been appointed counsel cannot invoke the protections of Michigan v. Jackson unless the defendant has previously done something affirmatively to 'accept' the appointment."
FBI Honor Roll: On a "feel good" note, Joe Palazzolo has a post on Blog of the Legal Times that reports on the FBI's ceremony to award its highest honors to 38 agents and foreign, federal, and local law enforcement officers for their brave and courageous acts in the line of duty. These agents and law enforcement officers deserve our gratitude for putting aside their own safety in order to protect others.
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