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Old 04-16-2019, 12:12 AM
PapaSmurf PapaSmurf is offline
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Quote:
Originally Posted by gvalliant View Post
Some good news and some bad news I've heard. On the good, yes inmates have gone forward, yes there are success stories, yes inmates have been released. As early as January when the new law was just a few weeks old.

I was at OC Superior Court the other day talking to a couple of attorneys - a PD and a private attorney. The PD said there have been plenty of 1437 applications they are working on. Some frivolous - you pulled the trigger; you don't get relief, stuff like that. Unfortunately those obvious non-applicable applications clog things a little.

On the bad, I read a few months ago DA's were planning to appeal the law on a constitutional basis. That is happening. These attorneys felt arguments have some legal merit. It has happened in OC Court, Judge(s) ruling that 1437 is unconstitutional and felony murder case(s) are proceeding. Rational being the law was passed by ballot measures many years ago and ballot measures, not legislation, are required to overturn it.

Anyway, the fear is this constitutional argument is going to get traction and threaten 1437 if enough DA's, judges, courts take this position. Worse if it gets overturned at a state level and requires a ballot measure it could be years or never.

Might be a good idea to get going on this if your considering - before it maybe goes away...


It can't be overturned unless it actually gets ruled as unconstitutional.

This A-Hole judge has no legs to stand on, not only that, the laws he cited are not correct.

It will be broke down further when the arguments happen, but all this judge did was throw a wrench in the works because all of the republican parties (DA's) are butthurt.

Skinner will make sure this Judge gets smacked down and all the other Red Counties as well.

This isn't the first time a Judge has done this exact thing.
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