Judge overturns '3-strikes' case

Sac Bee ^ | 10/22/02 | Denny Walsh

[NormsRevenge]

In an analysis that goes well beyond earlier court opinions on California's "three-strikes" law, a federal judge has tossed out the 25-years-to-life sentence of a Sacramento man.

U.S. District Judge Lawrence K. Karlton ruled that Richard Martin Duran's two prior kidnapping convictions arising from the same incident are so different they cannot be used to enhance a sentence for simple possession of heroin.

[Tacis]

Imagine what this decision will do to appeals and request for new trials in California. We'll have lifers claiming that while they murdered two redheads, the subsequent murder of a blonde is not a repeat of the previous crimes. Certainly, if they can get such a claim before a judge in San Francisco and have paid Blackout his fee, the lifer will be back on the street.

[NormsRevenge]

It might seem like a "Lawyer Employment Protection Act" being enacted from the bench as the law.. Ya have to love our wacky 9th Circuitous Court of Opiators!

[NormsRevenge]

DUMP DAVI$


GO SIMON


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Tom McClintock for CA State Controller

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Dick Ackerman for CA Attorney General

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Gary Mendoza for CA Insurance Commissioner

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Updated 19:30 10/21/02

[stop_fascism]

Criminals have a real friend in Karlton. Personally, I don't understand who Duran got out after the kidnappings.

[CyberAnt]

I don't agree with you. 3 murders is what 3 strikes is all about - hair color would not be a condition.

However, 2 kidnappings and then possession of heroin is a bit of a stretch. Although, I can see where the heroin could LEAD to the kidnappings.

But ... this is what the LIBERAL judges do - they feel sorry for the criminals and want to give them easy sentences. We keep writing tougher laws and they keep changing them from the bench.

This is exactly why we need the President's choice of judges on the bench.