COURT DEALS BLOW TO MARSY'S LAW

COURT DEALS BLOW TO MARSY'S LAW

Major news this week from the California Fourth Circuit Court of Appeals, which ruled the long-term denials of parole hearings under Marsy's Law constitute ex post facto jeopardy for inmates sentenced and imprisoned prior to the law's imposition in 2008.

In legal terms this means the 7, 10 and 15 year denials of parole hearings were improperly imposed and these denial terms may not be applied to crimes committed and sentenced imposed prior to 2008. 

In  Re: Vicks on Habeas Corpus the court upheld the Board of Parole Hearings' finding of unsuitability of Michael Vicks for parole at his 2009 parole hearing but vacated that part of the 2009 order "to the extent it defers Vicks' subsequent parole suitability hearing for five years under section 3041.5 as amended pursuant to Marsy's Law, and the BPH is directed to issue a new order rescheduling the hearing under section 3041.5 in effect in 1983".

In simple terms: those prisoners convicted and sentenced prior to the 2008 effectuation of Marsy's Law can be denied parole, based on suitability, but cannot be denied subsequent parole hearings for the lengthy terms outlined in Marsy's. 

The noise you hear is the shuffling being made by those prisoners given lengthy denials under Marsy's Law and who will now file writs on those long-term denials.  Just when we thought that perhaps the work load of parole commissioners would decrease, due to realignment under AB 109 and the Governor's stated intention to let most grants stand, it would seem the board is in for a new round of hearings, the 5, 7, 10 and 15 year denials they so blithely handed down.

There will be much more on this ruling in coming days, including whether or not the new Attorney General, Kamala Harris, authorizes an appeal of the ruling.  This will be Harris' first indication of the way she intends to direct the AG's office in criminal and parole litigation and her response is being awaited with keen interest.