I don't even know what a "post conviction" is. I would think that a conviction is a conviction. So? Why would someone have to rule on it?
Could a "post conviction" possibly be a situation where an inmate was convicted of something, after being convicted and incarcerated for another crime? If so, I doubt that a failure to rule on a second crime would negate the sentence resulting from the first crime. It sounds pretty confusing. I apologize for adding to that confusion. Good luck in finding the answer you seek.
March 15, 2010 - 9:32am
#3
UKGAL
I understand it i just cant find anything on the 3 year time limit to read for myself. sounds a bit too good to be true to me.
March 16, 2010 - 7:24pm
#4
smiley
Post-Conviction Motions
If you are convicted of a crime and have legal reason to believe that your punishment is not fair and equitable, you may be eligible to file a post-conviction motion for relief. These motions request the court that heard your case to make modifications to the sentence.
In September 2009, Louisiana Supreme Court Chief Justice Catherine D. Kimball announced the formation of a court committee to study the state's post-conviction process.
The committee — comprised of judges, attorneys and law professors and chaired by Justice Jeannette Theriot Knoll — will try to determine why post-conviction appeals take a lengthy time to complete. The study will examine all post-conviction appeal processes, including those involving death penalty cases, with the idea of easing the burden on the judiciary and bringing cases to a quicker conclusion while still adhering to constitutional guidelines.
UK, what i have found out for you (legal eagle in WA) is that in essence what you speak of is "technically" true, depending on state (as it varies in most, as i am sure you are aware), although some applied are the same; but it has never happened. As far as the court system goes, the higher courts will give a slap on the wrist, or impose a penalty to the lower courts/state to make the ruling and get the ball rolling. So in a nut shell while what you speak of as far as i could find out is technically true, their is a time limit as you have suggested, no one has been released in the past applying it that we are aware of. Hope that helps???
March 17, 2010 - 9:22am
#5
UKGAL
Yep it did help. thank legal eagle for me. the fact that it "could" happen is music to my ears. we were talking about it again last night. we believe that this could possible be the way they are gonna go. as the judge left them all in poop street to clean up the mess. also hubby also seems to think that they will let him go on time served long as he dont sue them. he said we have them in a corner they cant just ignore him. and a lot of people will get in trouble if we continue on our path.
I just cant believe i could/would be that easy after so many years of crap.
My "feelings/vibes" are getting stronger and its scarey lol
March 17, 2010 - 9:30am
#6
Numbercruncher
Not sure if I am going to be any help here or not, BUT I am helping my pp in post conviction relief. This has to do with the activation of his sentences. Is this what you are referring to?
Last post
I don't even know what a "post conviction" is. I would think that a conviction is a conviction. So? Why would someone have to rule on it?
Could a "post conviction" possibly be a situation where an inmate was convicted of something, after being convicted and incarcerated for another crime? If so, I doubt that a failure to rule on a second crime would negate the sentence resulting from the first crime. It sounds pretty confusing. I apologize for adding to that confusion. Good luck in finding the answer you seek.
I understand it i just cant find anything on the 3 year time limit to read for myself. sounds a bit too good to be true to me.
Post-Conviction Motions
If you are convicted of a crime and have legal reason to believe that your punishment is not fair and equitable, you may be eligible to file a post-conviction motion for relief. These motions request the court that heard your case to make modifications to the sentence.
In September 2009, Louisiana Supreme Court Chief Justice Catherine D. Kimball announced the formation of a court committee to study the state's post-conviction process.
The committee — comprised of judges, attorneys and law professors and chaired by Justice Jeannette Theriot Knoll — will try to determine why post-conviction appeals take a lengthy time to complete. The study will examine all post-conviction appeal processes, including those involving death penalty cases, with the idea of easing the burden on the judiciary and bringing cases to a quicker conclusion while still adhering to constitutional guidelines.
UK, what i have found out for you (legal eagle in WA) is that in essence what you speak of is "technically" true, depending on state (as it varies in most, as i am sure you are aware), although some applied are the same; but it has never happened. As far as the court system goes, the higher courts will give a slap on the wrist, or impose a penalty to the lower courts/state to make the ruling and get the ball rolling. So in a nut shell while what you speak of as far as i could find out is technically true, their is a time limit as you have suggested, no one has been released in the past applying it that we are aware of. Hope that helps???
Yep it did help. thank legal eagle for me. the fact that it "could" happen is music to my ears. we were talking about it again last night. we believe that this could possible be the way they are gonna go. as the judge left them all in poop street to clean up the mess. also hubby also seems to think that they will let him go on time served long as he dont sue them. he said we have them in a corner they cant just ignore him. and a lot of people will get in trouble if we continue on our path.
I just cant believe i could/would be that easy after so many years of crap.
My "feelings/vibes" are getting stronger and its scarey lol
Not sure if I am going to be any help here or not, BUT I am helping my pp in post conviction relief. This has to do with the activation of his sentences. Is this what you are referring to?