Foxy, yes, this can happen. It would depend on how aggrivating factors were defined and used to get the possibility of a DP hearing. If after so many years this person was on DR and something may have been deemed unconstitutional, or the laws were re-defined and precidence was set... if his crime was committed in the heat of passion, he might be able to sway the courts into a re-trial or re-sentencing. This of course would all depend on the details of this person's case, so it's hard to answer specifically -- but yes it's possible.
August 26, 2006 - 6:17pm
#3
Foxylady101
Thanks. He is in Nevada and agggrators were used. My only thought was that a voluntary manslaughter charge would be more in keeping with the crime. He stabbed his girlfriend 13 times. He had domestic abuse priors and as soon as he was released from jail on the domestic abuse he went to their house and killed her. He is claiming that it was a crime of passion but sounds like premeditation. So voluntary manslaughter seemed like a more likely sentence to me. Thanks....
August 26, 2006 - 6:28pm
#4
Foxylady101
My brain is not working. LOL I meant to say that it sounds more like the DP would be commuted to life rather than voluntay manslaughter. Sorry....
August 26, 2006 - 6:35pm
#5
lyndsey
Well, good luck to him. Either would be better than the DP :)
Last post
Foxy, yes, this can happen. It would depend on how aggrivating factors were defined and used to get the possibility of a DP hearing. If after so many years this person was on DR and something may have been deemed unconstitutional, or the laws were re-defined and precidence was set... if his crime was committed in the heat of passion, he might be able to sway the courts into a re-trial or re-sentencing. This of course would all depend on the details of this person's case, so it's hard to answer specifically -- but yes it's possible.
Thanks. He is in Nevada and agggrators were used. My only thought was that a voluntary manslaughter charge would be more in keeping with the crime. He stabbed his girlfriend 13 times. He had domestic abuse priors and as soon as he was released from jail on the domestic abuse he went to their house and killed her. He is claiming that it was a crime of passion but sounds like premeditation. So voluntary manslaughter seemed like a more likely sentence to me. Thanks....
My brain is not working. LOL I meant to say that it sounds more like the DP would be commuted to life rather than voluntay manslaughter. Sorry....
Well, good luck to him. Either would be better than the DP :)