Wednesday, July 22, 2015

GIlman v. Brown (Prop9) Marsy's Law: 9th Cir. Oral Argument - wait and see

UPDATE***** SEE OUR NEW 2/22/16 GILMAN  POSTING BLOG ( February 2016)

California Governor Brown appeals from the district court's bench trial judgment in an action brought by LIFE inmates challenging, on ex post facto grounds, Propositions 89 and 9, pertaining to the State's parole system.

As a reminder below are the two Propositions (P9, P89) being challenged: 

(NOTE back in 2008 it passed by 54% = Y,  46%= N)

On November 4, 2008, the People of the State of California approved Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law. This measure amended the California Constitution to provide additional rights to victims and increased all the Lifer Parole Hearing denial lengths from the range of 1 to 5 year to a minimum of 3 year to 15 year denial.   

(NOTE back in 1988 it passed by 55% = Y,  45%= N)

ONovember 8, 1988 the People of the State of  approved California Proposition 89.
Proposition 89 gave to the Governor of California the authority to approve, modify, or Reverse any decision by the Parole authority (Board of Parole Hearings  or Youthful Offender Parole Board) regarding the parole of persons who are sentenced to an indeterminate term (ISL) for committing murder.

See Attorney Monica Knox's great Oral argument in the (9th Circuit Court on Gilman v. Brown  (Prop9, Prop 89). She challenges the application of Marsy's Law to all the LIFERS that were sentence prior to the 2008 enacted Marsy's Law. She argues for a class of approximately 10,000 Lifer (ISL) inmates.

**** We will have to wait for the 9th Circuit 's Decision of the June 15, 2015  Oral argument.

WE ARE LL HOPING THAT THE 9TH CIRCUIT AFFIRMS THE DISTRICT COURT'S DECISION and finds that Marsy's Law is unconstitutional because it violates the Ex Post Facto principle.