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Old 02-20-2013, 08:44 PM
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Britrdazahead13 Britrdazahead13 is offline
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Default Appeal for re-sentencing

So my fiance' has gone through all the motions of the courts and arrived at the US Supreme Court. The US Supreme court granted him re-sentencing (because of an excessive sentence).
The re-sentencing starts on March 4. How long does re-sentencing usually take? I just don't understand these courts or laws at all. Seems they can do whatever they want and the person is at their mercy. Even if the law is printed in black and white that the person should be let go from prison.
Anyhow, I would appreciate any idea on how long this "re-sentencing" takes.
Thank you so much!
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Old 02-21-2013, 07:58 AM
fbopnomore fbopnomore is offline
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The sentencing court should act on the SC order quickly. There will be, at minimum, a new sentencing hearing. Anything else will depend on the SCs actual order, and the sentencing court. I hope it turns out as good as possible for both of you.
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Old 02-21-2013, 08:17 AM
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Thank you for your quick reply.
We have gone through the appointed attorney's brief of the argument, the DA's response to the brief, the appointed attorney's reply to that response and now the re-sentencing is March 4.
I am just getting nervous that they won't do the right thing (eventhough the law is clearly on his side, ) and that after having done 30 years in another state the court won't rule that he has done excessive time (out of his life/juvenile offender) because the time spent in the other state was not for the bid he is doing now. (They happened within weeks of each other).
Its just the roll of the dice at this point and so nerve wracking!
I don't think I have ever wanted anything so badly as I do for the courts to set him free. It has been such an unjust life for him, he has educated himself inside through GED, a degree in business, paralegal certificate, 100's of accolades, and now he has a debilitating disease. Stage 4.
Anyhow, thank you so much for answering my question and giving me hope.
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