On November 4, 2008, California voters were apparently swayed by emotion into passing Proposition 9, the Victims’ Bill of Rights Act (“Act”). While the proposition’s title was admittedly appealing and evoked understandable sympathy for the silent and defenseless, the Act’s actual language raises serious Constitutional questions. To cover up the Constitutional issues and the violation of the Ex Post Facto legal Principle Marsy's Law changed Penal Code 3041.5 to permit a life inmate to submit a written request to the Board of Parole Hearings (BPH), to advance his or her parole Suitability hearing to an earlier date, if there is changed circumstances or new information, after receiving the new 3 year to 15 year Denial range. (Compared to the pre-Prop 9 law allowing only for 1 year to 5 year denials).
Some of the major reasons that Marsy's (Prop 9) Law has not been
seen as an "issue" with the Court is becasue of the "safety valve"
created by the Petition to Advance (PTA) the Parole hearing
if s/he was denied. Unfortunately, the Courts are not looking at the Statistics for the 94% DENYrate of these PTA. Maybe Lifers should send a message to the State Courts and start challenging the BPH 1045(A) process via a WRIT OF HABEAS COPRUS (WHC)!
If you need assistance with the preparation of the PTA please. See ATTORNEY DIANE T. LETARTE's website on the PTA at http://www.dianeletarte.com/product/Legal%20Opinion-995_Attorney-Petition-to-Advance-Lifer-Parole-Hearing
If you need assistance with a WHC: See: http://www.dianeletarte.com/liferappeals . If you can not afford to hire an attorney then contact Keith or Gary (x-inmate and pioneers of the parole process) at the address below for potential guidance in your Pro Se efforts.
A big THANKS to ECC for the hard work in fighting for the LIFERs. Keith Chandler and Gary Eccher were able to get the BPH 1045(A) Petition grant rate statistics via the PUBLIC information Request from the BOARD OF PAROLE HEARINGS (BPH, aka the BOARD). ECC Eccher & Chandler Consulting produce bi-monthly - ECC Newsletters. Keith and Gary can be reached at:
ECC Eccher & Chandler Consulting
532 N. MAGNOLIA AVE. #333,
ANAHEIM, CA 92801
During the period of January 1, 2009 to June 5, 2012 there were 637 petitions to advance hearing (BPH 1045 form) submitted. 513 were summarily denied. 124 were granted full review. 42 petitions were granted a new hearing out of the actual 637 petitions submitted. That means only 6% of the actual petitions submitted were granted a new Lifer Parole Suitability hearing. That means 94% were denied.
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