is this feasible?

NYS

I recently asked an attorney about the legality of Jenna's Law (Sentencing Reform Act of 1995, amended in 1998 to include all first time VFO, retroactively imposed). Based on information afforded him... crime committed in 1990, arrested and charged in same year (murder 2nd, kidnap 1st), sentence imposed in 1992 (40-life)... merit time negated due to the imposition of this Law. His response was this:

"Based on the minimal information you provided, my suggestion would be to file in court, perhaps for a declaratory judgment, holding that retroactive application to said inmate of Jenna's Law, amounts to a violation of the Constitution's ex post facto clause. Similar challenges are becoming increasingly successful."

Is this advice worth pursuing?

Are you doing homework? Or are you trying to get your kidnapper/murderer boyfriend Will out of prison?

las365 said:

Are you doing homework? Or are you trying to get your kidnapper/murderer boyfriend Will out of prison?

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not doing homework... and yes researching how to help my husband.

40 to life on both counts , not a chance .

Good luck with that Willzgirl. He murdered and kidnapped someone in 1990 and you'd like to get him out now?? I hope no-one on this forum helps you...and I hope you remain lonely for
him for the next 24 years.

He deserved every bit of what he got.How do you think his victim's family is doing ?He chose to do this...they didn't have a say.

None of my business but I just have to ask...did you marry him before or after he went to prison?

swrdmbo said:

Good luck with that Willzgirl. He murdered and kidnapped someone in 1990 and you'd like to get him out now?? I hope no-one on this forum helps you...and I hope you remain lonely for
him for the next 24 years.

He deserved every bit of what he got.How do you think his victim's family is doing ?He chose to do this...they didn't have a say.

None of my business but I just have to ask...did you marry him before or after he went to prison?

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He had 4 co-defendants and did not actually kill anyone personally... being there gave him the charges. As far as kidnapping is concerned... NYS law dictates that unlawful imprisonment becomes kidnap 1st after enough time has elapsed. No one was black bagged off the streets and taken for ransom. Not cutting a deal and refusing tocooperate dictated his sentence... all others involved are either out or already in front of the board because they copped pleas. Same crime... very different charges and sentences for all concerned. He doesn't claim to be wrongfully convicted and isn't looking for a walk. Even incarcerated individuals have rights. What the state of NY did by retroactively implementing the amended Law was violate section 6 of the NYS Bill of Rights. It is parallel to imposing the death sentence to a cop killer 8 years after being sentenced to life just because it's been reinstated. I wasn't asking your opinion on a personal level... I was asking legal advice. If you have no clue then just say so... whether or not you feel this way or that is irrelevant. But thanks for your highly intelligent response. I sure hope no one ever harms someone close to you and you do what he did... could be your rights being violated instead... and some other opinionated moron wishing you ill will. =] Peace~

lonely?

swrdmbo said:

Good luck with that Willzgirl. He murdered and kidnapped someone in 1990 and you'd like to get him out now?? I hope no-one on this forum helps you...and I hope you remain lonely for
him for the next 24 years.

He deserved every bit of what he got.How do you think his victim's family is doing ?He chose to do this...they didn't have a say.

None of my business but I just have to ask...did you marry him before or after he went to prison?

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forgot to address the lonely issue... NYS affords conjugals... 3 days at a time 6 times a year... daily visitation allowances... daily phone calls and unlimited correspondence. Hardly lonely =] Hmmmm... as a matter of fact... we probably spend more quality time with each other than most "free" couples do in this day and age. My guess is that 18 years of maintaining a clean disciplinary record while incarcerated affords him these luxuries without interruption. You should learn to not judge people so quickly. NOW I'm done affording energy to you. As stated earlier... your opinion is meaningless. =] Peace~

swrdmbo said:

Good luck with that Willzgirl. He murdered and kidnapped someone in 1990 and you'd like to get him out now?? I hope no-one on this forum helps you...and I hope you remain lonely for
him for the next 24 years.

He deserved every bit of what he got.How do you think his victim's family is doing ?He chose to do this...they didn't have a say.

None of my business but I just have to ask...did you marry him before or after he went to prison?

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You did ask how the victim's family felt... also failed to address this... one of the co-defendants was the "victim's" family... does that answer your question? I met and married him after his conviction... we were friends for several years prior to developing a relationship. Maintained a relationship for approximately 2 years prior to marrying. NOW... finished wasting precious energy... there are REAL legal advisors... non-judgmental and willing to afford legitimate answers to legitimate legal queries.

You would be a lot better off seeking advice on message boards that are geared toward assisting convicted criminals. I don't think you are likely to find the sympathy and advice you seek here.

didn't ask for sympathy.... asked for legal advice. Personal opinions and justice are two entirely different things... as a senior member I'm surprised that you lack the ability to differentiate. It's a shame that you are unable to put aside personal prejudices and offer what this site advertises... LEGAL advice. Peace~

willzgrl said:

didn't ask for sympathy.... asked for legal advice. Personal opinions and justice are two entirely different things... as a senior member I'm surprised that you lack the ability to differentiate. It's a shame that you are unable to put aside personal prejudices and offer what this site advertises... LEGAL advice. Peace~

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This is of course a FREE advice forum , you can NOT expect expertize in a forum such as this .

Having said that , I'm sure your husband has been represented in the courts of Law .

There is an appeals process , and if the Attorney argued such indifferences of the Law in the appeals process , and was denied , then he has to live with the consequences of not taking a plea deal .

You stated he partake in the events .

This forum can not help you , or your husband .

Try the innocent project , but it doesn't appear he was an innocent person .

"Justice" is hardly an objective concept. Just look at the debate over the death penalty.

My suggestion that you look elsewhere for assistance was actually meant to be helpful. It is my understanding that there is quite the network of people who seek to assist convicted criminals that share the type of information you seek. I don't know what they are, but they shouldn't be too difficult to find.