Monday, March 4, 2013

In re Vicks REVERSED by the CA Supreme Court. Unfortunately for LIFERS - Marsy's Law remains the Law!


The long awaited In Re Vicks Decision from the 1/8/13 ORAL argument is finally decided. Unfortunately the CA Supreme Court did not think there was anything wrong with applying this 2008 voted in Marsy's Law to Lifers that had already been sentenced BEFORE this law was enacted.What a Let down for all the Lifers, it was good battle at the Court of Appeal, unfortunately it was lost at the CA  SUPREME court.

WHAT happens now if my loved one was denied 3,5,7,10,or 15 years?

The fall back position is to do a PETITION TO ADVANCE the parole hearing earlier than the 3, 5, 7, 10, or 15 year denial. One can use the BPH 1045(a) form to Advance Petition, when the inmate has been denied multiple years but new circumstances have developed so that he no longer needs additional time. The petition should then be submitted for a new Lifer Parole Hearing, before the full denial period.

In 2008, California voters approved Proposition 9, the Victims Bill of Rights Act of 2008: Marsy’s Law. The changes enacted by Marsy’s Law became effective immediately; pertinent here are the amendments to Penal Code1 section 3041.5 that increase the denial (3 to 15 years) period of time between parole hearings but allow for the advancement of a hearing if a change in circumstances or new information subsequently establishes that there is a reasonable probability the prisoner is suitable for parole.

Petitioner Michael D. Vicks (Vicks) contends that application of these new parole procedures to prisoners who committed their crimes prior to the enactment of Marsy’s Law violates the ex post facto clauses of the federal and state Constitutions. (U.S. Const., art. I, § 10, cl. 1; Cal. Const., art. I, § 9.)  He challenges the amendments both on their face and as applied to him.

For the reasons set forth below in the full opinion, CA SUPREME Court reject both of his challenges and reverse the Court of Appeal.

See the full opinion  In re Vicks opinion at CA SUPREME COURT OPINION.

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