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Old 01-24-2010, 08:34 AM
jed3865 jed3865 is offline
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Default Parole reconsideration denied; next step?

Dana has been incarcerated in Ohio since 1994 on an involuntary manslaughter charge. Her sentence was 10-25 with 3 year gun spec. Excellent prison record and in 2003 received an out date of May 1, 2007. Each year she received the same information stating her out date was still 5/01/2007. Two weeks before her departure, the sister of the victim protested her release and at a full board hearing in July 2007 she was given three more years. Needless to say the sister lied about several areas and also had a warrant out for her own arrest when she appeared at the hearing. Dana's daughter filed a reconsideration early last year providing information from courts and police departments about the victims behavior, etc. An answer from the board denied her reconsideration stating there was no new information provided to warrant a change. I find that hard to believe since there was no record of his past behavior in any of the court records with the exception of domestic violence. Any ideas on what could be our next step?

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Old 01-24-2010, 04:32 PM
Gryphon Gryphon is offline
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Possible issue depending on case facts:
Many states were slow to recognize the "battered spouse" defense. There are many variations of this when a defendant assaults an abuser. If a defense is now available that really wasn't available back then, that could support a Writ.

For advice regarding administrative review in your jurisdiction, you need some local advice. Once all administrative remedies are exhausted, you could consider filing a Writ. Your state will have case law that talks about what standards have to be met when parole is denied. Those standards are probably pretty low, and there are only minimal Due Process requirements. The ongoing review process is probably sufficient to meet Due Process requirements.

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Originally Posted by jed3865 View Post
Dana has been incarcerated in Ohio since 1994 on an involuntary manslaughter charge. Her sentence was 10-25 with 3 year gun spec. Excellent prison record and in 2003 received an out date of May 1, 2007. Each year she received the same information stating her out date was still 5/01/2007. Two weeks before her departure, the sister of the victim protested her release and at a full board hearing in July 2007 she was given three more years. Needless to say the sister lied about several areas and also had a warrant out for her own arrest when she appeared at the hearing. Dana's daughter filed a reconsideration early last year providing information from courts and police departments about the victims behavior, etc. An answer from the board denied her reconsideration stating there was no new information provided to warrant a change. I find that hard to believe since there was no record of his past behavior in any of the court records with the exception of domestic violence. Any ideas on what could be our next step?
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