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?
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?