View Full Version : Opinion is back on the appeal...


lonewulf
03-20-2004, 11:27 AM
Hey everybody, haven't posted here in a while so I'll refresh you. My husband is serving 48 on "bitch" and after years we finally got a attorney who got the appeal filed and after 3 months of waiting we finally got an opinion back! Well here it is-Judgment Affirmed in Part, Reversed in Part, Sentence Vacated, And Case Remanded With Direction... Let's see I was thrilled and I ran down to the courthouse and copied it all-I think I may have floated all the way there! Then when I discovered that everything was affirmed except the habitual part I cried all the way home. I called his attorney and she was like "This is good news, fax it to me but it sounds like we may be able to lose the habitual charge". So I dried my eyes and now I'm sitting here in this limbo again. What do you guys think?? Should I be glad we at least got something comming,(maybe?) or do I grab another kleenex? I always expect the worst and hope for the best....but well, you know...

deb
03-20-2004, 11:36 AM
Sounds positive... Sentence vacated! Remanded to a lower court for another hearing or trial? I'd be grinning... If it's vacated and if it's remanded but the lower court doesn't follow thru or they do and you win then why can't you get the habitual cleared??? Yup, I'd be grinning... They see something here and it's in your favor! Congrats...

Deb

haswtch
03-20-2004, 01:56 PM
It really does sound like they opened the door a crack to something good happening- try to smile! this stuff is all so scary and confusing but "sentence vacated"- those be mighty good words.

lonewulf
03-22-2004, 11:36 PM
I haven't heard anything new yet and it is driving me crazy! I can only pray that it all goes ok-thanx for the kind words! My husband has been in ad-seg for the past couple weeks I can't wait to talk to him on wed. For all I know he may not even know that anything came back! Keep us in your prayers guys!! Thanx again!