Marsey’s Law is good legislation for the victims of crime. It may need some tweeking, but overall it does help victims who are devistated by homicide.
Attorney Steve M. Defilippis really kicked butt!
The California Court of Appeals just ruled that the application of Marsey’s Law to pre-2008 offenses violates the ex post facto protections. That means the BPH needs to reset a whole bunch of hearings!
While it does not change any unsuitability findings by the Board, it does change the time until the next hearing. Here is the pertinent parts of In re Vicks (2011) , Cal.App.4th
The decisions in Garner and Morales, as well as the application of those cases in other courts, turned on the particular features of the laws under consideration. (See, e.g., Morales, supra, 514 U.S. at p. 509, fn. 5 [expressly declining to consider whether alternative enactments changing the timing of parole hearings could be unconstitutional].) Here, Vicks asserts the changes effectuated by Marsy’s Law present a distinct…
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