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California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

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  #1  
Old 04-11-2013, 08:02 PM
2sleepy 2sleepy is offline
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Default Court denies Brown's request to end prison oversight

federal judicial panel on Thursday denied Gov. Jerry Brown's request to lift a court-ordered prison population cap and threatened him and other state officials with contempt of court if they fail to comply.


http://www.sacbee.com/2013/04/11/533...nd-prison.html
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  #2  
Old 04-11-2013, 09:24 PM
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Haha... I'm so giddy at reading this! It's ABOUT TIME!!!!
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Old 04-11-2013, 09:48 PM
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Love it!...I'm beyond thrilled. Thank you for posting the link. I'm so ready for this to happen, all of us are.
I'm annoyed and frustrated with the continuation of motions on behalf of Brown's office. They have 9 months to meet the cap, and begin releasing 9000 of our LO's whom are long over due. Dangerous felons please!, many are ill and have been denied parole way too many times just because. This is BS....Gov Brown.

Enough is Enough!
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Last edited by Nica; 04-11-2013 at 10:33 PM..
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Old 04-12-2013, 01:25 AM
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Oh Yes its about time!!!!!! I especially love the part that says " that if Brown and his top corrections officials do not comply with Thursday's order, they would be held in contempt "individually and collectively." They have stalled too long!!!


Read more here: http://www.sacbee.com/2013/04/11/533...#storylink=cpy
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Old 04-12-2013, 02:51 AM
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Quote:
Originally Posted by mikeq View Post
Oh Yes its about time!!!!!! I especially love the part that says " that if Brown and his top corrections officials do not comply with Thursday's order, they would be held in contempt "individually and collectively." They have stalled too long!!!


Read more here: http://www.sacbee.com/2013/04/11/533...#storylink=cpy
We are one step closer. Now hey are going to have to decide who to release. Hopefiully they look at the plaintiffs expert James Austin's recommendations and act accordingly.
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Old 04-12-2013, 07:49 AM
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I remember reading Austins recommendations. Is there a link or a download where I can find that information? Thanks!!!!
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Old 04-12-2013, 09:57 AM
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Go on prisonlaw.com and the link to Austins declaration is in there. In the court order from yesterday the judges seemed to be pointing to overserved 'lifers' and also upping good time credits for second strikes and enhancements. Both are great options in my opinion because both those categories have men spending to much time based on the actual crime. I read as much as I could last night and felt very positive about changes happening and them holding Brown accountable. At one time they pretty much said this is his last warning and they have tried being professional.
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Old 04-12-2013, 07:36 PM
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Quote:
Originally Posted by AnarchyHeart View Post
Go on prisonlaw.com and the link to Austins declaration is in there. In the court order from yesterday the judges seemed to be pointing to overserved 'lifers' and also upping good time credits for second strikes and enhancements. Both are great options in my opinion because both those categories have men spending to much time based on the actual crime. I read as much as I could last night and felt very positive about changes happening and them holding Brown accountable. At one time they pretty much said this is his last warning and they have tried being professional.
Many documents are also on the RBGG website: http://rbgg.com/plaintiffs-court-fil...leman-v-brown/ .
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Old 04-12-2013, 10:40 PM
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The over served lifers are the least likely to reoffend of any population. It does seem that they are pointing to them. They are the ones that legislation would have to take place in order to release them. This is no and I continue to pray.
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Old 04-13-2013, 10:42 AM
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Two questions:

1) What would happen if Brown is held in contempt?

2) "The governor's office did not immediately respond to requests for comment, but corrections department spokeswoman Deborah Hoffman said the administration will appeal." Will that hold up the case for more years?



Last edited by marie8899; 04-13-2013 at 10:43 AM.. Reason: Erased a link, improved format.
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Old 04-13-2013, 08:55 PM
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Its all political now. If he does take it to the Supreme Court he is playing with fire, AGAIN!! Could end his career. This is a big issue and will make the news for sure. He doesn't need that kind of PR. On the other hand if the Supreme court denies him, he wins anyway because he will blame the Feds....IM thinking it would be resolved quickly because of the contempt that would be levied against him...Stay tuned...
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Old 04-13-2013, 09:35 PM
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Quote:
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Its all political now. If he does take it to the Supreme Court he is playing with fire, AGAIN!! Could end his career. This is a big issue and will make the news for sure. He doesn't need that kind of PR. On the other hand if the Supreme court denies him, he wins anyway because he will blame the Feds....IM thinking it would be resolved quickly because of the contempt that would be levied against him...Stay tuned...
We must remember too that the US Supreme Court is under no obligation to accept the appeal. Each year the US Supreme Court grants a hearing to roughly 1% of the cases appealed to it. For example, in 2010, it only granted hearings to 87 of the 8,159 (or 1.05%) cases appealed.

Given the spanking that California took in its most recent hearing with the US Supreme Court case I am doubtful the Court would grant a hearing on the appeal Brown is threatening. If the Court does refuse the appeal there really is nowhere else for California to go to.

Last edited by Will'sCharlie; 04-13-2013 at 09:36 PM..
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Old 04-13-2013, 10:00 PM
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Quote:
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We must remember too that the US Supreme Court is under no obligation to accept the appeal. Each year the US Supreme Court grants a hearing to roughly 1% of the cases appealed to it. For example, in 2010, it only granted hearings to 87 of the 8,159 (or 1.05%) cases appealed.

Given the spanking that California took in its most recent hearing with the US Supreme Court case I am doubtful the Court would grant a hearing on the appeal Brown is threatening. If the Court does refuse the appeal there really is nowhere else for California to go to.
You are correct, and at least one online newspaper speaks to the difficulty he may find with his appeal: http://www.thereporter.com/news/ci_2...peal-difficult
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Old 04-13-2013, 10:09 PM
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According to the three panel judges this matter has already been heard by the Supreme Court when they affirmed the 137% cap. The state has no right to appeal. They are obligated to comply if I have read the opinion correctly.
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Old 04-14-2013, 02:36 PM
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If memory serves me right, I also thought that way back in the original Supreme Court order that the state only had to X date to file an appeal (something like 6 Months after the order), and that date has long gone. So there for they have already missed their chance to appeal...


funny if they hold Brown in contempt of court, will he have to pay a fine, and he is complaining about all this costing too much money but he is willing to pay a fine for being contempt in court? and you know that is not coming out of his personal pocket.

So does anyone know how it works in the case the feds do come in? I am a little confused on this since he just got denied to lift the federal oversight so does that mean the Feds already have control and all they need to do is implement reduction vs watching over the state implement reduction?
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Old 04-14-2013, 02:45 PM
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I dont think they literally come in and run things, it simply menas that they HAVE to do what the court says and report back very often. There will probably be authorities that are charged with helping the State to comply, at our expense allbeit!!! BUt the good news is that it will get done exactly as the court ordered!!! and soon!!! Lets see how long or if the Supreme court hears this case, because they could reject it then it automatically defaults to the latest judgement of December 2013 to reduce by 9500 inmates and maintain that level plus a small, very small percentage for a very short period of time
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Old 04-14-2013, 05:48 PM
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The Supreme court will reject it. they take hardly any appeals at all then especially on a case where there are already not complying with the First Supreme court order, Brown is out of his mind.

I know they have about 9k people to let out but that also does not include the 8k people they still have to bring back from out of state as well so they need to get 17k out of the system by Dec.

You know Brown is going to say the state already has a plan the "Blueprint" and not give a new plan to judges in 20 days
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