What is the name of your state?CALIFORNIA
My brother- in-law (currently incarcerated) won a conditional writ of habeas corpus ordering that his sentence be recalculated without the great bodily injury five year sentence
because during the trial the judge did not allow the consideration of the fact that the person who was injured may have been an accomplice in his own injury (that is what I understand from the documents, but it is all very confusing)
Anway this was in october, the respondant filed an appeal and asked for a stay which was denied. He was still not released and finally wrote a letter to the judge because he had not heard anything regarding his case. His letter was filed and the judge ordered the respondant's attorney to explain the status of the petioners custody. My brother-in-law called tonite saying he was being booked into county jail and would be in court on this wed. After his call I looked up the case on the web and read the response . It says the DA has decided to retry him on the GBI charge and they have dropped the appeal. The upcoming hearing is to determine if he has served the uncontested portion of his sentence (my Brother-in-law mentioned he was told the DA would not retry him, so he has no idea what is going on) I was wondering if there are any limitations as to the time the DA has to retry my brother-in-law on the gbi allegations? I believe the judge issued the order for them to recalculate his sentence in late october, should'nt they have decided to retry him then? Without the gbi he has been in jail two years past his remaining charge sentence, can they ask for bail now and shouldnt he be given an attorney to help him argue against bail ? It seems very wasteful for the DA to prosecute this GBI allegation for someone who has already served nearly all of the sentence and has been good inmate, is it possible they are trying to scare my brother-in-law to pleading guilty with time served to preserve their record or do they usually retry this type of case?
thanks
leah
My brother- in-law (currently incarcerated) won a conditional writ of habeas corpus ordering that his sentence be recalculated without the great bodily injury five year sentence
because during the trial the judge did not allow the consideration of the fact that the person who was injured may have been an accomplice in his own injury (that is what I understand from the documents, but it is all very confusing)
Anway this was in october, the respondant filed an appeal and asked for a stay which was denied. He was still not released and finally wrote a letter to the judge because he had not heard anything regarding his case. His letter was filed and the judge ordered the respondant's attorney to explain the status of the petioners custody. My brother-in-law called tonite saying he was being booked into county jail and would be in court on this wed. After his call I looked up the case on the web and read the response . It says the DA has decided to retry him on the GBI charge and they have dropped the appeal. The upcoming hearing is to determine if he has served the uncontested portion of his sentence (my Brother-in-law mentioned he was told the DA would not retry him, so he has no idea what is going on) I was wondering if there are any limitations as to the time the DA has to retry my brother-in-law on the gbi allegations? I believe the judge issued the order for them to recalculate his sentence in late october, should'nt they have decided to retry him then? Without the gbi he has been in jail two years past his remaining charge sentence, can they ask for bail now and shouldnt he be given an attorney to help him argue against bail ? It seems very wasteful for the DA to prosecute this GBI allegation for someone who has already served nearly all of the sentence and has been good inmate, is it possible they are trying to scare my brother-in-law to pleading guilty with time served to preserve their record or do they usually retry this type of case?
thanks
leah
