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  1. #1
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    Default California Non-Violent Third Striker Sentenced to Life

    My question involves criminal law for the state of: California

    Hello. I am praying for a miracle. My friend was sentenced to life in CA under the third-strike law. He's never been involved in any kind of violence...stole from homes to support a drug habit. He is clean and sober now. He's already served eleven years. What are the chances of an appeal? I am most grateful to you for any info you could pass on to me. Thanks.

  2. #2
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    Appeals can occur up to 30 days AFTER a conviction is handed down. If he's been in prison for over 11 years, the time to appeal his sentence has expired.

  3. #3
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    Yeah right ignore the idiot above me. He was using the non-existant sitution that your husband had been in jail for 11 ears on the CURRENT CHARGE - which obviously did not happen.

    The Alabama Equal Justice Initiative (Google it) is committed to preventing this kind of thing. Call them and ask if they are aware of any similar programs in California, or research the exact laws and statues in question regarding trial, appeal, the life sentence statue itself, and the one for the crime he was most recently charged with, and then call them with this information handy and see if they have any advice on how to start.

  4. #4
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    Quote Quoting mewgirl
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    Yeah right ignore the idiot above me. He was using the non-existant sitution that your husband had been in jail for 11 ears on the CURRENT CHARGE - which obviously did not happen.

    The Alabama Equal Justice Initiative (Google it) is committed to preventing this kind of thing. Call them and ask if they are aware of any similar programs in California, or research the exact laws and statues in question regarding trial, appeal, the life sentence statue itself, and the one for the crime he was most recently charged with, and then call them with this information handy and see if they have any advice on how to start.
    Unfortunately, the only idiot in this thread happens to be you. The CA Three Strikes law is very clear. Also, the law is very clear on when appeals can be filed on criminal cases. 11 years is just a tad bit past the statute. Oh, and the Alabama Equal Justice Initiative can do nothing for someone in California.

  5. #5
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    Quote Quoting mewgirl
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    Yeah right ignore the idiot above me. He was using the non-existant sitution that your husband had been in jail for 11 ears on the CURRENT CHARGE - which obviously did not happen.

    The Alabama Equal Justice Initiative (Google it) is committed to preventing this kind of thing. Call them and ask if they are aware of any similar programs in California, or research the exact laws and statues in question regarding trial, appeal, the life sentence statue itself, and the one for the crime he was most recently charged with, and then call them with this information handy and see if they have any advice on how to start.
    Mind your manners, Miss New Poster, and read things thoroughly before 1) popping off with completely incorrect information and 2) calling my long-time, well established contributors "idiot".

    This is your only warning.

  6. #6
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    Just because two different people are incapable of reading a thread correctly does not make me any less correct or them any less incorrect. Sorry but last time I checked a statute of limitations for your CURRENT charge applies to whatever you are CURRENTLY being charged with, and does not apply instead to something that happened 11 years ago. If that were the case, then the statue of limitations would expire before the crime was even committed.

    And, quite obviously, a program in "<b>Alabama</b>" is perfectly capable of telling someone in "<b>California</b>" or any other state in the country how they usually start their procedures and what she can look for in the codes in California to see if those same things apply. Even more obviously, ANY organization in ANY LOCATION, ANYWHERE, is most definitely capable of telling a caller whether or not they are aware of similar organizations in another locations.

    Since you were unable to discern that this is what I said, that should alert you to the fact that you might also be unable to discern what it was that someone else had said as well.

  7. #7
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    Quote Quoting mewgirl
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    Just because two different people are incapable of reading a thread correctly does not make me any less correct or them any less incorrect. Sorry but last time I checked a statute of limitations for your CURRENT charge applies to whatever you are CURRENTLY being charged with, and does not apply instead to something that happened 11 years ago. If that were the case, then the statue of limitations would expire before the crime was even committed.
    The OP's friend (not husband) is currently incarcerated. He has been incarcerated for 11 years (not ears). There is no mention of a more current charge. Therefore, in the absence of further clarification from the OP, I, too, will assume that the third strike happened in access of 11 years ago and the OP is seeing if there is anything to be done.

    If that is the case, there is not.

    As I remember from my youth, if every other member of the marching band is out of step but you, maybe THEY are not the ones off the beat.

    And, quite obviously, a program in "<b>Alabama</b>" is perfectly capable of telling someone in "<b>California</b>" or any other state in the country how they usually start their procedures and what she can look for in the codes in California to see if those same things apply.
    This is neither obvious or correct.

    Such procedures are very state specific. In fact, any lawyer you spoke with in Alabama would, in most cases, tell you that they simply could not help you because they are not LICENSED to practice law in California.

    Even more obviously, ANY organization in ANY LOCATION, ANYWHERE, is most definitely capable of telling a caller whether or not they are aware of similar organizations in another locations.
    Rather than taking the chance, why not do YOUR research and offer a similar program in California?

    Since you were unable to discern that this is what I said, that should alert you to the fact that you might also be unable to discern what it was that someone else had said as well.
    The real problem with an inability to speak clearly is that you automatically believe that anyone that refuses to decipher your message as to it's true meaning is an idiot.

    This is not true. Being wrong and being firmly and confidently wrong are no different.

  8. #8
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    Quote Quoting mewgirl
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    Just because two different people are incapable of reading a thread correctly does not make me any less correct or them any less incorrect. Sorry but last time I checked a statute of limitations for your CURRENT charge applies to whatever you are CURRENTLY being charged with, and does not apply instead to something that happened 11 years ago. If that were the case, then the statue of limitations would expire before the crime was even committed.
    Mewgirl, the time for appeals passed 10 and a half years ago assuming the OP's friend has been in custody for the past 11 years as intimated in the original post. Without the presence of new and exonerating evidence not known at the time of the original trial, there is likely no chance for an appeal now.

    If he is NOT in custody, and the OP was indicating, instead, that his friend had already served 11 years for prior offenses and was sentenced to life this time around, then the OP's friend had better get moving on that appeal immediately.

    Also, you should note that simple drug possession is NOT eligible to be charged as a "third strike" so there is obviously more to this tale than was written.

    And, quite obviously, a program in "<b>Alabama</b>" is perfectly capable of telling someone in "<b>California</b>" or any other state in the country how they usually start their procedures and what she can look for in the codes in California to see if those same things apply.
    Not necessarily. Not only are laws on appeals, priors, and drug possession different in each state, the states also exist in different federal circuit courts of appeal which can have a drastic impact on Constitutional issues.

    - Carl

  9. #9
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    Quote Quoting cyjeff
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    The OP's friend (not husband) is currently incarcerated. He has been incarcerated for 11 years (not ears). There is no mention of a more current charge. Therefore, in the absence of further clarification from the OP, I, too, will assume that the third strike happened in access of 11 years ago and the OP is seeing if there is anything to be done.

    If that is the case, there is not.
    She didn't make any mention of him being incarcerated for a current charge, and it is also unlikely that she would "pray for a miracle" all of a sudden after 11 years of him having already been in jail. Therefore it is illogical to assume the he has been in jail for 11 years for the most recent charge, unless the OP were to further clarify. Although she may reply and end up saying this is the case, what I said right here still does mean that there is no reason to attack me for believing the logical thing. When I said the poster was an idiot, there could be a reply saying, "Actually, she never technically said he wasn't, so it is possible that he's right... as a matter of fact I agree with him," to which I would reply, "Oh, okay, well let's ask her to clarify then. I doubt someone is trying to make an appeal after 11 years without specifically mentioning that they are, though."

    And FireFox does not note a word as typoed if it has been typoed in another word which exists.

    This is neither obvious or correct.
    Of course it is. Activists against things unfair, whether regarding legal issues or not, are often frequently in contact with others of a similar nature. not always but it is dumb to say, "Hmm, they MIGHT not know so we shouldn't even ask them!... even if it could get more a friend out of a life term in prison!" I don't think that phone call would be so harmful that it would not even be tried.

    Such procedures are very state specific. In fact, any lawyer you spoke with in Alabama would, in most cases, tell you that they simply could not help you because they are not LICENSED to practice law in California.
    I don't believe I ever mentioned anything about lawyers, nor did I mention anything about "THIS IS LEGAL ADVICE" vs. "THIS IS NOT LEGAL ADVICE". Of course you can also say whatever you want to anybody at any time, as long as you include "THIS IS NOT LEGAL ADVICE" at the end of it, and I'd think any lawyer would know that.

    It does not matter whether "procedures" are state-specific, because it is first rather unlikely that they are using official "procedures" as would be seen in the normal sense. Secondly, saying, "Well what we usually start with is by looking up the text of the law and then finding out if any errors were made. If there weren't any, we submit something called a "Document of XXX". Not all state have this document, and in some states it is called, "XXXX Document" instead." Although the laws MAY be different in your state, they MAY also be very similar - which is actually more likely in a "worse" case then in a minor case. BUT IF YOU HAVE ANY INFORMATION ABOUT A "CALIFORNIA EQUAL JUSTICE INIATIVE" YOU ARE FREE TO POST IT YOURSELF instead of berating someone for naming an organization who might be able to help a LITTLE bit instead of saying NOTHING can be done. Because, obviously, something <b>CAN</b> and <b?HAS</b> been done in similar cases, even if they were in different areas of the country,

    Rather than taking the chance, why not do YOUR research and offer a similar program in California?
    Um again I was not aware that calling an organization t o see if they are aware of any other organizations that do the same thing they do was considered a "chance" to a degree that one should not "risk it". I'm pretty sure an answer of "no" wouldn't do anything other then disappoint the caller.

    If the OP chooses not to call this organization that is her decisions, but there is no reason for you to advise AGAINST it since it cannot HURT her friend if she does.

    The real problem with an inability to speak clearly is that you automatically believe that anyone that refuses to decipher your message as to it's true meaning is an idiot.
    Okay but it wasn't me who posted the topic and it wasn't the OP who said "idiot", so that doesn't really apply here.[/quote]

    Mewgirl, the time for appeals passed 10 and a half years ago assuming the OP's friend has been in custody for the past 11 years as intimated in the original post. Without the presence of new and exonerating evidence not known at the time of the original trial, there is likely no chance for an appeal now.
    Of course that is true but why would anyone assume that? Also, time limits are often circumvented by lawyers.

    Also, you should note that simple drug possession is NOT eligible to be charged as a "third strike" so there is obviously more to this tale than was written.
    That's not true either. What's true is that there MAY BE more to the story. You are making the mistake here of believing that the courts and especially police officers will only do things that are legal.

    Not necessarily. Not only are laws on appeals, priors, and drug possession different in each state, the states also exist in different federal circuit courts of appeal which can have a drastic impact on Constitutional issues.
    So, where in the part of "looking at California laws to see if the same things apply" would that not be mentioned?



    If these people are right and your friend has been in jail for 11 years on the most recent charge, you can look into a "Writ of Habeaus Corpus". The Wikipedia entry notes this without saying everything in can be used for. It is generally a directive to examine a case in which the charge was inaccurate done illegal most charges, however, have had something done illegally SOMEWHERE although you probably won't be able to find it if you are not experienced and it is not obvious and publicized), however, you could also try using a Writ of Habeus Corpus under "cruel and unusual punishments" and other such things if you cannot find any other thing to try.

  10. #10
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    Default Re: California Non-Violent Third Striker Sentenced to Life

    I thought the three strikes law only applied to violent offenses? Or does it also include residential burglary?

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