Sentenced to life in prison in DE before 1990?

[MarvinisaLunatic 0]

Delaware Supreme Court Rules Life Sentence = 45 years

 

DOVER - Delaware Attorney General M. Jane Brady revealed Monday that because of a recent court decision, nearly 200 inmates serving life sentences for murder, rape and kidnapping would be eligible for release, some as soon as today.

 

"Everybody thought these individuals would be in jail for life unless they were paroled,'' Ms. Brady said.

 

"Now the Delaware Supreme Court has interpreted the law to mean that life isn't life. They are saying it's 45 years and that a 45-year sentence can be reduced by good time credit.

 

"The practical effect (will) reduce these life sentences to as little as 26 years despite denial of parole. We think there's between 189 and 195 inmates that would qualify for consideration under this ruling.''

 

Ms. Brady emphasized the high court's ruling does not affect sentences imposed for crimes committed after June 30, 1990, nor does it affect inmates convicted of first-degree murder who were sentenced to life in prison without possibility of parole.

 

Thats just really rediculous.

[Guest sek69]

That certianly seems bizarre. Did they give any reason why? Overcrowding? Get Out of Jail Free Day?

[Guest Smues]

"The death penalty is wrong. Just put them in Prison for life"

"ehh 26 years is enough"

"oops they killed/raped again. Me bad"

[Guest sek69]

Well after reading the story past just the paragraph quoted in the post, it seems the issue is the state didn't put dates on the sentence just "life" and "death". The statues of the state require a date and since there wasn't one the max the person can be jailed is 45 years.

 

So instead of commie pinko liberal judges releasing slobbering criminals on the unsuspecting townsfolk it seems like a case of laziness not writing an actual date on the sentences.

[Guest Skironox]

Obviously, Delaware needs more space for the REAL criminals (The stoners and MP3 downloaders).

[MarvinisaLunatic 0]

That certianly seems bizarre. Did they give any reason why? Overcrowding? Get Out of Jail Free Day?

Ms. Brady said the Supreme Court based its decision on the case of Ward T. Evans, an inmate who was convicted Sept. 29, 1982, of first-degree rape and sentenced to life in prison with the possibility of parole.

 

Although Evans was denied parole three times between 1993-99, he filed a motion with Kent County Superior Court on Jan. 8, 2004, claiming his sentence was illegal.

 

According to court documents, Evans argued that under the conditional release clause in the Delaware Code, he was entitled to have a conditional release date calculated as if his life sentence was a 45-year term.

 

The Superior Court denied Evans' motion, so he appealed to the state Supreme Court.

 

The high court agreed to hear Evans' appeal, noting that the case presented "issues of statutory interpretation,'' which the court said it would be reviewing for the first time.

 

In its Nov. 24, 2004, opinion, the court agreed with Evans that his sentence, as applied by the Department of Correction, was illegal because it did not provide a conditional release date.

 

According to the justices, DOC listed Evans' maximum release date as "death'' and his maximum sentence, less good time, as "life.''

 

"Evans (argued) that the conditional release statute incorporates the definition of a life sentence that is set forth in the parole statute, and that under that latter definition, his life sentence must be fixed as a 45-year term for purposes of calculating his conditional release date,'' the court said.

 

In interpreting the Delaware Code, the court determined Evans was correct because one section defined a life sentence as "a fixed term of 45 years.''

[teke184 0]

More reasons to keep the death penalty on the books...

[Guest sek69]

Yeah, much easier to kill them than actually take the time to write a date on the sentence....

[Ravenbomb 0]

Obviously, Delaware needs more space for the REAL criminals (The stoners and MP3 downloaders).

don't forget the sodomites

[teke184 0]

Yeah, much easier to kill them than actually take the time to write a date on the sentence....

In Louisiana, people scared of getting the death penalty plead down to LWOP (Life WithOut possibility of Parole) or a straight 50-year sentence.

 

 

Having that kind of law on the books means that someone would likely have their death sentence reduced to life rather than a life sentence commuted to time served due to semantics.

[Guest Vitamin X]

[2GOLD 0]

God my state royally sucks.

Not only does it die in the Winter but now we are letting murders and rapists out early just because.

 

That's just wonderful.

 

Add this on with the gay bashing House we have and Delaware's laws and government is completely NUTS!

[kkktookmybabyaway 0]

Well maybe these people will try to rob that store in GA whose owner and wife shot dead two teenage thugs sticking up the store (Would post a link, but all the stories are connected to hippie newspapers that want you to subscribe...)