Hello:

I'm new here and this is my first time posting. I don't know where to start. My boyfriend has been incarcerated in a CA state prison since 1996 on a second-degree murder charge stemming from a traffic accident in which his car was involved, but did not hit the victims' car. For the reason that his car did not actually hit the victims (another car did), he would like to appeal the charge. By all means, his charge should have been involuntary or vehicular manslaughter, but a few of the players involved were up for re-election and many politics were involved. In fact, the victims' families had given written and verbal statements to the court whereby stating that they did not hold him responsible for their family members' deaths. He has tried to appeal in the state courts, and had no luck. So he'd like to appeal to the federal court. However, his time restraint has run out. He has heard that there is another legal remedy he could try, but neither of us have any clue where to begin. His case is an unusual one. Is there any legal recourse we can take? We both believe he did deserve to do time considering he was driving recklessly and people died. However, there was no malice or intent to kill, and he has served nearly nine years for his crime. He was sentenced to 15 to life. If anyone has anything at all that can help us, I'd really appreciate it.

hello!

I don't have any advise but I can relate! My fiancee is in a similar situation. He was involved in an accident and was charged with a great bodily injury while driving under the influence. He was in an unavoidable accident that many were involved in and a bi stander got injured. No one saw what or when this guy got hurt. But when they found him they saw my man had a prior DUI on his record from 5 years before and decided to breathalize him. Needless to say it was an off duty fish and game officer that got injured and the police were very sloppy in the investigation and really had no ryme or reason it was my mans fault. Oh yea certin people in this case were up for re election as well go figure. We just are in the beginning process of the appeal so we'll see how it all goes. I just read a story about a young girl in california that killed 3 of her friends while driving under the influence and only got 4 years at 50%!!! 3 PEOPLE DIED!!! my man got 5 years @ 85%. I know yours has a lot more time I just wanted to let you know there are a lot of us us there with simiular situations.

Sorry I couldn't be of more help!

Thank you, Jenny. I just don't get the justice system sometimes. Sometimes it works. Sometimes it doesn't. Sometimes it's too lenient. Sometimes it's too harsh. And I hate how everything all depends upon who's in office at the time. Thank you for sharing your story with me. It does sound like we're in the same boat. Good luck with your appeal!!! =)