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  #1  
Old 06-14-2019, 09:44 PM
Ashsmith510 Ashsmith510 is offline
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Default Looking into a Fetzer ruling, can someone help?

So my husband has me looking into a fitzer ruling and I have no idea where to begin to research for this ruling. I tried googling it and it have sent me in circles. Can anyone point me in the right direction on how I can get any information on this? Would time comp be able to help??
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Old 06-14-2019, 10:42 PM
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So my husband has me looking into a fitzer ruling and I have no idea where to begin to research for this ruling. I tried googling it and it have sent me in circles. Can anyone point me in the right direction on how I can get any information on this? Would time comp be able to help??
It's Fetzer. It's caselaw on how PED is calculated. I have helped several offenders file including my husband. His time was recalculated based on Fetzer and his PED moved up by two years. We are currently waiting on another ruling from the supreme Court since time comp is still not calculating time correctly. That is the Diehl case. Oral arguments were held in December.
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Old 06-15-2019, 06:44 AM
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Here's a link to the case.
https://caselaw.findlaw.com/co-court...s/1723566.html

There is more information available by google "fetzer court ruling".
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Old 06-15-2019, 07:13 AM
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It's Fetzer. It's caselaw on how PED is calculated. I have helped several offenders file including my husband. His time was recalculated based on Fetzer and his PED moved up by two years. We are currently waiting on another ruling from the supreme Court since time comp is still not calculating time correctly. That is the Diehl case. Oral arguments were held in December.
Okay I was searching it by the wrong spelling. So maybe you could point me in the right direction. Is this something I can file, my husband has to file , or our lawyer. I feel like Iím literally walking around in a dark room trying to find my way out when it comes to case law. And I google time comp time management for Colorado and it wouldnít give me an actual address. My husband was found guilty at trial for attempt to influence a public servant. He attempted to use a whizzanator during a US at the parole office and said PO slapped a F4 felony. Paid a high profile lawyer to take it to trial and he completely botched my husbands entire trial. He was drunk the entire time. My husband was then found guilty and theyíre trying to give him 25 habitual.i fired the high profile lawyer hired another lawyer to take his sentencing and he got the DA down from 25 years to 9. I just want to be able to make sure Iíve done 110% for my husband . I appreciate the response!
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Old 06-15-2019, 07:22 AM
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You are not an attorney so you canít file on your husbands behalf. He will need an attorney or it may be worth paying for an hours attorney advice to see if the ruling would be beneficial to your husband.
Also your husband can file on his own behalf. Good luck.
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Old 06-15-2019, 08:23 AM
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You are not an attorney so you can’t file on your husbands behalf. He will need an attorney or it may be worth paying for an hours attorney advice to see if the ruling would be beneficial to your husband.
Also your husband can file on his own behalf. Good luck.
Actually the offender can file pro se. I did the paper work and sent to my husband to sign. It has to be sent to the court from the facility because it has to be logged through legal mail due to timelines.

There are a few different motions you can file. We filed a 106 Mandamus.

Time comp is worthless. I wouldn't waste my time. I have heard that time comp is calculating reoffenders time based on Fetzer as they are returning to prison. It's the guys who have been in that are having to file.
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Old 06-15-2019, 05:42 PM
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Actually the offender can file pro se. I did the paper work and sent to my husband to sign. It has to be sent to the court from the facility because it has to be logged through legal mail due to timelines.

There are a few different motions you can file. We filed a 106 Mandamus.

Time comp is worthless. I wouldn't waste my time. I have heard that time comp is calculating reoffenders time based on Fetzer as they are returning to prison. It's the guys who have been in that are having to file.
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Also your husband can file on his own behalf. Good luck.
Yes I understand that an offender can file pro se, however that is different to someone who is not an attorney filing on their behalf.Even if it is a well intentioned family member.

I would be interested to know the details of the Diehl case. Does anyone have a link?
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Old 06-15-2019, 05:57 PM
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Yes I understand that an offender can file pro se, however that is different to someone who is not an attorney filing on their behalf.Even if it is a well intentioned family member.

I would be interested to know the details of the Diehl case. Does anyone have a link?
Basically Diehls attorney argued that an offenders time should be calculated from his first sentence date. The district court agreed but DOC appealed to Supreme Court. There probably won't be anything on it until it makes caselaw. I really hope we hear something soon.
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Old 06-16-2019, 03:45 AM
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Thank you for that explanation that is really encouraging letís hope itís a positive outcome.
My husband was resentenced in 2013. He was given good time based on his new sentence date. He was given no credit for the time he had already served. He appealed that decision and lost. So this is could be good for us letís hope.
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Old 06-16-2019, 06:30 AM
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Thank you for that explanation that is really encouraging letís hope itís a positive outcome.
My husband was resentenced in 2013. He was given good time based on his new sentence date. He was given no credit for the time he had already served. He appealed that decision and lost. So this is could be good for us letís hope.
Yup that is exactly what happened to my husband. The problem is is that there is contradicting case law on the issue. I really hope for a favorable decision soon. I'll be sure to post as soon as I hear of decision
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Old 06-16-2019, 03:13 PM
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Basically Diehls attorney argued that an offenders time should be calculated from his first sentence date. The district court agreed but DOC appealed to Supreme Court. There probably won't be anything on it until it makes caselaw. I really hope we hear something soon.
Case law consists of published opinions by judges. Not all opinions are published, even if they show up on a search. A published opinion can rule how lower courts in the same district view that set of issues. An unpublished case is at most persuasive, and always treated as less than a published opinion.

Where two districts in the same state differ in how they interpret an issue, the issue can be taken to a higher court for a definitive opinion on that issue. This would overrule one district's treatment of that issue, upholding the other district's opinion.

Lots of times a case is resolved and the judge chooses not to publish the opinion. Why? Because the judge does not want that case to be used as case law to determine that issue for others.

Publication is up to the judge.
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Old 06-16-2019, 03:15 PM
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Also, don't put together a legal document for a loved one for them to sign and submit unless you are an attorney. It is the Unauthorized Practice of Law and generally illegal in most states. Yes, he can file pro bono, but he has to do all the work. He can have you look up and send cases to him, but the petition and legal argument must come from him. His prison should have copies of the local rules as well so that he can adhere to those rules, the rules of service, etc. You can help, but you cannot fashion the legal arguments and you cannot write it for him.
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  #13  
Old 06-21-2019, 03:54 PM
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Default Can anyone point me in the right direction? Colorado

Let me start by explaining my husbands case.
He was arrested in 3016 for burglary they convicted him of theft in 2017. He did 18 straight month in county jail was sent to prison for 2 months and then let on parole at the beginning of last year. He was out on parole for 5 months. He went to take a UA with a whizzanator on never actually used it got caught and they charged with him a F4 attempting to influence a public servant (oct 1 2018). I paid a lawyer to present him and he did a really crappy job. Showed up to his trial drunk reeking of alcohol on sentencing day. He was found guilty by a jury (🤦🏻*♀️ It was a disaster). So they tried to charge my husband as habitual. I fired his lawyer hired another one for sentencing and he got my husband from 24 to 8 but he has to waive his rights to appeal. My husband doesnít get sentenced until the 26th of next month. So Iím trying to figure this out before hand. Now my question is my husband is hounding me about doing research on the fetzer ruling. And I have but I am just not retaining what Iím reading. I tried calling time comp and they told me it was a case by case approval (which isnít true Iíve found out) and that the attorney general is the only one that can approve it (also false). They were useless. Can someone please dumb down what this ruling means and what I have to do to get my husband on the right track. My husbands lawyer is out of the country until next month and Iím just trying to get some answers and I feel like Iím going in circles. Has anyone gone through this that could maybe point me in a direction to start ?
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Old 06-21-2019, 04:23 PM
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My non lawyer advice: Wait until he is actually sentenced. If his parole eligibility date (PED) is miscalculated, he can seek relief through a grievance or in court. Since the PED doesn't guarantee when he will be paroled (the grant of parole after the PED is discretionary) it is still important to have it calculated correctly.
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Old 06-21-2019, 07:00 PM
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He should have access to a law library. Give him the citation for the case and tell him to Sheppardize it. You do not have to retain the law. He can suss it out for himself and come up with a series of questions to ask his attorney.

He should know that filing anything pro se will cause everything to be delayed. Further, his attorney may withdraw as a consequence.
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Old 06-21-2019, 10:03 PM
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I agree, wait until he gets sentenced. I told you time comp was useless. Also, from what I understand they are calculating incoming offenders time based on Fetzer. It's too early to tell until he gets sentenced.
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Old 06-22-2019, 01:05 PM
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Okay thanks so much! I appreciate the help!
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