Friday, March 1, 2013

In re VICKS: OPINION to be filed MONDAY 3/4/13 @10am



SUPREME Court Issue -  Is Marsy's Law a violation of ex post facto principles for those incarcerated BEFORE Marsy's Law?    See the 2013  UPDATES at the California Appellate Court case Information.

Case was argued and submitted on 1/8/13 in San Francisco. QUICK 1/10/13 SUMMARY:  Justice Liu seemed to be our biggest advocate, while Corrigan appeared to be clearly on the other side (no surprise given her 1983-1986 Position as Special Consultant, President’s Task Force on Victims of Violent Crime, 1982.) Other justices were on the fence while other were hard to read.  The Chief Justice was sworn into office on January 3, 2011 is the first Asian-Filipina American and the second woman to serve as the state’s Chief Justice. Of course, you never really can call these cases, so we'll just have to wait & see. (A Personal thanks to the In re Vicks' Attorney who argued the case on 1/8/2013)
 
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 re Smith (2011), 196 Cal.App.4th 468, review granted September 14, 2011, S194750.

In re Rodriguez (2011) 199 Cal.App.4th 1158, review granted January 18, 2012, S197961;
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.

In summary, WE will have an OPINION by March 4, 2013 from the CA Supreme Court. It will  be a Ruling on:  Whether Marsy's Law is being applied ex post facto (after the fact) on thousands of LIFERS since Prop 9 became effective late 2008 thus denying them from 3 to 15 years at their LIFER Parole Suitability vs. the old law of 1 to 5 year denials when they were found unsuitable.

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