Friday, August 5, 2011

The 3-ring Circus: Marsys' Law: thumbs up or down?

We previously reported (in this Blog) on In Re Vicks as a "good" Lifer cases, that concluded Marsy's law to be a violation the Ex Post Facto Principle. If we look at 3 consecutive months of Decisions, we find a "mix" analysis from the San Diego County 4th District Court of Appeals.

Unfortunately, the In Re Russo panel recently issued another published ruling In re Aragon, where it rejected its sister panel's In re Vicks analysis and reinforced its own In re Russo analysis!!!

Therefore, we must wait the finality of these 3 cases stated below, to know where Lifers stand on the State-Court rulings on the Question: "Is Marsy's Law considered Ex Post Facto as applied to the Lifers whose crime occurred PRIOR to Proposition 9 (aka Marsy's Law, 2008)?

CONFLICTING COURT CASES:

In re Russo (2011), Cal.App.4th (No. D057405 Fourt Dist.. Div One. April 8, 2011)

In conclusion, the Court held that Marsy's law was just an "admistrative method by which a parole release date is set..." and concluded that no ex post facto violation occurred.

In Re Vicks (2011), Cal.App.4th (No. D056998. Fourt Dist.. Div One. May 11, 2011).

In conclusion, the Court conclude the application of the amendments to Penal Code section 3041.5, subdivision (b), to inmates whose commitment offense was committed prior to the effective date of Marsy's Law (November 5, 2008) violates ex post facto principles.

In re Aragon (2011), Cal.App.4th (No. D058040 Fourt Dist.. Div One. June 9, 2011).

In conclusion, the Court rejected the In re Vicks panel's conclusion and stated that Marsy's Law does NOT violate the ex post facto principles.



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