Is Writ of Mandamus a Right?

[respectworthy]

What is the name of your state? WV
I need to know if writ of mandamus is the right of an incarcerated individual? If a plea agreement has been entered can a writ of mandamus be filed? The Supreme Court accepted and placed my husband's writ of mandamus back into the court for revision. We believed that he was to see the board this month as oppossed to the 2007 eligibility before the Supreme Court ruled in his favor. Today we were notified that the prosecutor was going to bring back all charges from the plea agreement and possibly make my husband stand trial for all counts in the information indictment. Can this happen? How? Why? Where do we go from here? He has been set to appear on this matter on the 16th of this month and we are really confused. He has been incarcerated 2 years now and they say we are going to start all over.....Please help

 

[Curt581]

What is the name of your state? WV
I need to know if writ of mandamus is the right of an incarcerated individual?

No, it is not. A Writ of Mandamus (or "Mandate") is issued by a Superior Court to compel an elected official to perform some function of office. A person can petition the court for such a writ, but cannot issue one himself. The Court can deny such a petition if it chooses.

What was the petition asking the Court to order?

If a plea agreement has been entered can a writ of mandamus be filed?

Yes... but it can also nullify the plea agreement if the petition claims the prosecutor failed to perform some function of office in making such an agreement.

Sounds to me like your hubby was acting like a Jailhouse Lawyer, and figuratively shot himself on the foot.

Today we were notified that the prosecutor was going to bring back all charges from the plea agreement and possibly make my husband stand trial for all counts in the information indictment. Can this happen?

Yup... I was right.

Reading books in the prison law library is NOT a good substitute for earning a real law degree and passing the Bar.

To answer your question, Yes, they can do that. Based on the incomplete information you posted, your Hubby filed a petition asking the court to order them to do just that.

Say it with me.... real loud.... DOH !

How? Why? Where do we go from here? He has been set to appear on this matter on the 16th of this month and we are really confused. He has been incarcerated 2 years now and they say we are going to start all over.....Please help

This is why he needs to have a real lawyer, and stop filing petitions when he doesn't understand the ramifications.

Whatever happens, he'll still have the two years time served credited to his final sentence.

 

[respectworthy]

Input a bit harsh

Thanks for your input however you are a bit harsh- By the way is DOH a word? I came here for help not putdowns

 

[Curt581]

Thanks for your input however you are a bit harsh-

Yeah... it's a talent.

By the way is DOH a word?

Homer Simpson says it is...

 

[respectworthy]

any other time

Any other time I could see the humor in your words however right now my family is in a mind frame that does not include humor thanks again though. Right now any words are helpful. I do not mean to sound nasty, I am just concerned about what may be about to happen and do not know where to turn. If you could help a bit more with some understanding to this matter I am online now and you could IM me at [email protected].

 

[Curt581]

Right now any words are helpful. I do not mean to sound nasty, I am just concerned about what may be about to happen and do not know where to turn. If you could help a bit more with some understanding to this matter I am online now and you could IM me at [email protected].

I don't do instant messaging, sorry.

Check the bottom of my first post, when I said your hubby needs a real defense attorney.

He's going to thoroughly screw himself if he keeps trying to pull legal tricks out of a hat, or by doing this 'on the cheap'.

The military has an acronym shorthand for this:

SNAFU - Situation Normal, All F*'d Up

TARFU - Things Are REALLY F*'d Up

FUBAR - F*'d Up Beyond All Repair

Right now, you're into TARFU. Call a professional before it gets all the way to FUBAR.