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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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Old 09-12-2018, 09:57 AM
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Default Edwards won Early Parole Consideration for Nonviolent Three Strikers

Edwards won Early Parole Consideration for Nonviolent Three Strikers on his habeas You can read the court decision here In re VICENSON D. EDWARDS I expect that CDCR will appeal this decision to the California Supreme Court, but the courts are now saying
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Old 09-12-2018, 02:25 PM
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Footnote 1 makes me agree this thing will unravel. He may have won the right to consideration, but he hasn't been granted parole. This could potentially clog up the courts with writs that go nowhere.
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Old 09-12-2018, 07:27 PM
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[quote=miamac;7744280]Footnote 1 makes me agree this thing will unravel. He may have won the right to consideration, but he hasn't been granted parole. This could potentially clog up the courts with writs that go nowhere.[/QUOTE


Just my view on this matter. I do not expect any big changes to come from this decision. remember this matter could face review by the California State Supreme Court. What this decision also will do is Mr. Edwards will get a a date in front of a parole board. Mr. Edwards has a criminal history that will be the subject of this debate if and when he gets a Board Hearing. I am not running the broom on him just saying he still has a long way to go to obtain release.
On the subject of clogging up the courts. I think another decision will come down which will counter the Edwards decision which means. The matter of third strikers violent or not are not getting a get out of jail card. They are just going to get played by the Parole Board. Adding more disappointment to those that are granted a board hearing through this process. The challenges to Prop.57 are far from over. It wouldn't surprise me that we don't see some modified legislation that will effect Prop. 57. Post election time is coming and the extreme right has their propaganda machine running along with the District Attorneys challenge anything that looks like sentence reform. Which Prop.57 is far from sentencing reform. Prop.57 just gave a state agency more power and less supervision of this agencies policies and new procedures I still need to take some undivided time and read this Edwards decision. Then I can really stress my point of view on this subject matter

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Old 09-13-2018, 09:13 AM
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Originally Posted by miamac View Post
Footnote 1 makes me agree this thing will unravel. He may have won the right to consideration, but he hasn't been granted parole. This could potentially clog up the courts with writs that go nowhere.
I agree. Consideration is not the same as granting release.

Interesting read nonetheless. CDCR was intent on wanting courts to parse and literally interpret every single word in 57. In particular the determinant / indeterminant sentencing aspect for denying him. The court threw that "literal" argument back in their face pointing out potential that since his entire sentence amounted to enhancements / alternate sentencing and he had no determinant term, theoretically he and everyone in that situation should be immediately eligible for parole.

The courts chose to not go there but that could have been fireworks.
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