DISQUS

Karoli · 2 years ago

Gideon,

CNN is reporting that the prosecutor filed for an appeal and a stay of his release from jail.

Why are they so entrenched about this? Is common sense completely discarded in favor of law and order? Isn't there a place for both?

Gideon · 2 years ago

Karoli, I wish I could answer that. I have had similar cases where the state has decided to pursue an appeal.

The stay is automatic and pretty universal. The Connecticut Practice Book provides that there will be an automatic stay in criminal and non-criminal matters when an appeal is taken.

I suspect the State is appealing the habeas court's restructuring of the sentence. Typically, a habeas court cannot modify a sentence, but only vacate it. The only case in which a habeas court can impose a new sentence is if the claim was a breach of plea agreement.

However, I have not personally dealt with 8th Amendment claims, so I have little idea of the ideal remedy in such cases.

Audacity · 2 years ago

I'm thrilled to have voted for Thurbert Baker in the last election.

Karoli · 2 years ago

Gideon,

Thanks for the clarification on that. it does make sense.

Gideon · 2 years ago

[quote comment="1969"]Gideon,

Thanks for the clarification on that. it does make sense.[/quote]
No problem. I'd still like to see the opinion and the notification of grounds for appeal to make up my mind, but that's my best guess.