Old Excessive Sentence Case

[needalegalbegal]

Louisiana
What can we do? In 1990, my brother was given a 99 year prison sentence at the age of 19 for an armed robbery charge, the weapon belonged to the victim and was never discharged during the incident, it was his only arrest ever. This happened in Louisiana.
He had a state attorney who did very little to help him and before the trial a couple of attorneys removed themselves from case. The judge who sentenced him has been suspended from the bench a couple of times for his behavior. The judge retires next year, he refuses to correct his sentence and admitted in court that he knows he gave him too much time. He has told us to file the correct papers, but we don't know what are the "correct" papers.

When would he likely be eligible for parole. He has had an excellent behavior and work record throughout his incarceration.

[Disagreeable]

Re: Old Excessive Sentence Case

Just because a judge retires, does not invalidate all of his rulings. Unless you have new exculpatory evidence, I don't see the case being revisited. The parole board, his behavior and statute will likely dictate when he is released.

[needalegalbegal]

Re: Old Excessive Sentence Case

what can be done in the case of an excessive sentence

[Disagreeable]

Re: Old Excessive Sentence Case

what can be done in the case of an excessive sentence

Are you claiming the sentence was not within the courts discretion to issue as a matter of law? See the link I provided, page 101-2. Absent a Governor's pardon, it appears he will be eligible at age 45.

http://doc.la.gov/wp-content/uploads/stats/3a.pdf

[needalegalbegal]

Re: Old Excessive Sentence Case

When I view the offense level chart from the USSC, it appears his sentence was a level 25, first time offender I. With a possible enhancement of double the max months, the sentence should have been in the time frame of 11 years and 10 months for a first time offender.

So does it not surprise you that a person could be given 99 years on a first offense, where the weapon was not discharged. I am asking for your personal opinion?

House bill #543 appears to provide relief after 25 years of incarceration, if sentenced between the age of 18 and 25. Signed into law 2012.

[Disagreeable]

Re: Old Excessive Sentence Case

Armed Robbery appears to be a violent crime, therefore ineligible.

[Friend In Court]

Re: Old Excessive Sentence Case

When I view the offense level chart from the USSC, it appears his sentence was a level 25, first time offender I. With a possible enhancement of double the max months, the sentence should have been in the time frame of 11 years and 10 months for a first time offender.

So does it not surprise you that a person could be given 99 years on a first offense, where the weapon was not discharged. I am asking for your personal opinion?

House bill #543 appears to provide relief after 25 years of incarceration, if sentenced between the age of 18 and 25. Signed into law 2012.

You already have more information on the state of the law in Louisiana than in the replies you got. What you need is a legal beagle, as your handle says -- and one licensed to practice in Louisiana.

My suggestions are several routes to take: (1) Back to the Public Defender's office to see if one of their lawyers wants to take it up. (2) the Lousiana State Bar Association to see if they maintain a pro bono section where experienced attorneys donate time to represent people who otherwise could not afford their services, (3) start at the home page of this site for attorneys affiliated with World Law for a criminal defense lawyer in Louisiana, for starters. There are also organizations like the Innocence Project and a few who have advocated against long sentences for juveniles who may either have or be able to recommend a lawyer to take up the case. With the recent bill, there is authority to stand on and public support. So timing might be right.

There are bad judges on the bench in every state and sometimes it takes years for them to come to the attention of Judicial Commissions (which reprimand only in the most egregious of conduct outside the courtroom) or sometimes, rarely, on appeal. One notoriously phlegmatic, volatile, and downright poor judge moved the justices of the California State Supreme Court which had a raft of prior cases to finally opine, that the bench "is not for any fool to ascend to from which to display his wares." If I recall correctly, he was disciplined, disrobed.

So, you never have to go back before the same judge who was erratic and made a bad, unsupportable decision in a case -- if he is affidavited right. A lawyer will know how to present the motion to get the sentence reduced and to whom.

[Friend In Court]

Re: Old Excessive Sentence Case

Armed Robbery appears to be a violent crime, therefore ineligible.

Sentencing someone under the age of 21 to life in prison in considered pretty harsh, even in the Southern States. For crying out loud, people get out on parole after committing murder!!

Lighten up "Disagreeable". Or do you want to bring back the stocks and guilloutine?

[Disagreeable]

Re: Old Excessive Sentence Case

Sentencing someone under the age of 21 to life in prison in considered pretty harsh, even in the Southern States. For crying out loud, people get out on parole after committing murder!!

Lighten up "Disagreeable". Or do you want to bring back the stocks and guilloutine?

I am not the one who made LA laws. Their state government was. In fact, they have determined to some extent their sentences have been harsh to a point. Therefore, they have gradually lowered times to parole eligibility. You and I are not privy to the circumstances surrounding his sentencing. nor should we be questioning the courts wisdom. All I have done is simply point out what laws and directions appear to relate to the situation regarding release. Since you asked, personally, I support shooting them stone cold dead, where applicable. It saves tax dollars and cuts down on replication of bad genetic lines, which also cost the taxpayers.

[needalegalbegal]

Re: Old Excessive Sentence Case

You already have more information on the state of the law in Louisiana than in the replies you got. What you need is a legal beagle, as your handle says -- and one licensed to practice in Louisiana.

My suggestions are several routes to take: (1) Back to the Public Defender's office to see if one of their lawyers wants to take it up. (2) the Lousiana State Bar Association to see if they maintain a pro bono section where experienced attorneys donate time to represent people who otherwise could not afford their services, (3) start at the home page of this site for attorneys affiliated with World Law for a criminal defense lawyer in Louisiana, for starters. There are also organizations like the Innocence Project and a few who have advocated against long sentences for juveniles who may either have or be able to recommend a lawyer to take up the case. With the recent bill, there is authority to stand on and public support. So timing might be right.

There are bad judges on the bench in every state and sometimes it takes years for them to come to the attention of Judicial Commissions (which reprimand only in the most egregious of conduct outside the courtroom) or sometimes, rarely, on appeal. One notoriously phlegmatic, volatile, and downright poor judge moved the justices of the California State Supreme Court which had a raft of prior cases to finally opine, that the bench "is not for any fool to ascend to from which to display his wares." If I recall correctly, he was disciplined, disrobed.

So, you never have to go back before the same judge who was erratic and made a bad, unsupportable decision in a case -- if he is affidavited right. A lawyer will know how to present the motion to get the sentence reduced and to whom.

Thanks Friend in Court!
Our family have learn a little about the criminal justice system since this incident, and there is
so much more we need to know. It is such a feeling of helplessness, I can't begin to explain.
It seems the way that the judge sentenced him, it was basically a litfe sentence. How many people
did something stupid as a teenager, should one bad judgement made at 19 warrant your natural life
being taken from you. I am in no way against punishment for a crime. But this same court gave repeat offenders less than half the time he was given, and most of these offenders were much older than 19. I did notice that most lesser sentences were represented by private attorneys.
Should I print out those cases for the appeal request.
Also, does the USSC rules only apply when you go before the US Supreme Court, or can you cite the USSC laws in the individual state court. Do you see how I arrived at the sentence of 11 years and 10 months max for a first time offender for an armed robbery incident where the weapon was not discharged and the offender did not cause bodily harm to the victims.