I have a friend who has already served 6 years of his life sentence in Mississippi. Can he appeal his case at this point? get a lighter sentence? He's had good behavior, he was only 19 at the time of the offense and he was a Marine.
2007-10-30 05:57:54 · 10 answers · asked by Kalinka 3 in Politics & Government ➔ Law Enforcement & Police
Once a person is convicted of any crime they can appeal the conviction. There are several steps that can lead all the way to the supreme court. An appeal has to be filed within a certain time frame following the conviction. The exact time frame depends on the state, however it is normally under a month. After that time an appeal can only be filed if significant new evidence is found such as DNA evidence that proves the person convicted was not the killer.
At this point he will not be able to appeal his sentence. If his sentence allows for parole then his good behavior will come in to account at that time. If his sentence is life without parole then he will live in prison for the rest of his life.
Remember, being a nice guy and following the rules now does not overcome the fact that he planned a killing and carried out that killing.
2007-10-30 06:07:47 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
He can appeal until his appeals are exhausted. He can do the research in law books and work the appeals himself or get an attorney. Usually, you can get a "lighter sentence" for good behavior - he would already know if he qualifies for this.
Capital murder is a serious crime, despite his age. At 19, he is not considered a juvenile and with his special military background this makes him even MORE aware of what he was doing at the time.
It wasn't like he was 16 working at McDonalds with no common sense or education. Do you understand what I mean by this?
It's not a judgment on him, but simply pointing out that his position in life would make any court or jury believe that he had a heightened awareness regarding the seriousness of his crime and what he was doing (although you seem to suggest the opposite (he was "only" 19, etc), you are wrong as far as the eyes of the law).
His case can only have a successful appeal if there are legal grounds for doing so - like his lawyer was terrible and made mistakes left and right during his representation of your friend, or the law was applied incorrectly. It is very rare to win an appeal and unless the inmate is truly innocent OR there was a great injustice in how the law was applied in his case - then appeals normally always fail.
If this is his case, then I would spend less time worrying about an appeal and more time about getting an education in prison so that when he gets out he will be more likely to find a job. Trades are the best for ex-cons to learn.
2007-10-30 06:10:16 · answer #2 · answered by Dina K 5 · 0⤊ 0⤋
I'm not sure of the time period that it has to be done in after the court decides but an Appeal to a higher court is an option they could examine the case and rule if it was appropriate. Appeals can go all the way up to the Supreme Court. Your friend should really talk to his lawyer though who's likely a lot more knowledgeable on the details than people on the internet.
2007-10-30 06:04:14 · answer #3 · answered by Brandon J 2 · 0⤊ 0⤋
Yes, unless it was apart of the terms and conditions of his prison sentence than he should be able to appeal after a certain amount of time. I doubt 6 years would be long enough, even with the best of behavior.
His age or vocation is irrelevant since he was above the age of minority at the time of the offense.
2007-10-30 06:05:03 · answer #4 · answered by mcvbcbvbncvb 2 · 0⤊ 0⤋
Yes! Richard Ramirez has been appealing since 1985. He's been on death row for 22 years.
Charlie Manson is still appealing to this date.
As long as you get a clever lawyer who keeps on finding glitches in your trial and twisting and turning the evidence, you can pretty much appeal a gazillion times. It doesn't mean you will get a retrial though. You might just rot in jail appealing. But still, for some people, it's the only shot they have. Especially for death row inmates. Appealing just keeps on postponing their execution.
2007-10-30 07:08:22 · answer #5 · answered by Sasha 3 · 0⤊ 0⤋
Obviously, he would need a good lawyer.. depending on his case, I would think he can appeal it. I have a friend who was in prison for 3 years for drugs and I know that if he wanted to get out earlier, he needed to go to a year's legnth of rehabilitation. But then again, each case is different. Good luck.. and ask around.
2007-10-30 06:02:48 · answer #6 · answered by *miss k 3 · 0⤊ 0⤋
I can't answer your question fully, but I can tell you that he should be able to apply for an appeal, although the court may not grant him one. Also, a major flaw in the U.S. legal system, once you are convicted of a crime, even if you are found completely innocent later, you cannot become unconvicted. So even if your friend is later found innocent, he will still carry a capitol murder charge on his record for the rest of his life.
2007-10-30 06:05:24 · answer #7 · answered by Aureus19 2 · 0⤊ 1⤋
He would need a lawyer to make an appeal. That is the only way anything could ever be done about it.
2007-10-30 06:26:25 · answer #8 · answered by California Street Cop 6 · 0⤊ 0⤋
He must prey for clemency before the head of the state.
2007-10-30 06:05:56 · answer #9 · answered by Honey786 4 · 0⤊ 1⤋
if new evidence (like DNA) shows he is innocent - then Yes.
2007-10-30 06:19:52 · answer #10 · answered by Anonymous · 0⤊ 0⤋