Re:
Any ideas ? Putrid press amazing how many lawyers argue for a 12=year old pkea deal be rescinded though the defendant fulfilled all his obl=gations
feeling was not to encourage marra to do what he did witho=t any encouragment . yes i am also a worst case proponent.&n=sp; i dont think i can win the pr battle and must concentrate on an= possible legal consequence.
yes , i thought so. still unsure , readi=g cvra legislative history. says sente=ce can only be changed if three conditions are met. mada=us within 3 days. and defendant did not plead to highest charg=. . I cant understand how marra thinks he can vitiate a =hird party contract based on not conferring. weird.
no i pled in state court. thats why there is such a =ess. no fed sentence . just an npa as long as i pled reg=stered as a sex offender an hired lawyers for the girls to sue me. &n=sp; yes true
no as there was no federal plea or sentence just an npa an= a state sentence. weird. . does sabatino apply on=y to pleas or any agreement on resolution of criminal cases. ie npa =
I quickly just read his 2/2=/19 decision. Interestingly, in both 2013 and now in 2019 he cites t= no authority (other than his own 2013 decision) for the idea that victims=have the right to seek the setting aside or recission of NPA. He has=found not one single other case anywhere for that holding and he doesn't e=en attempt to reconcile it with (d)(5) or with all the cases saying 3771c=nfers no veto power.
I see he also says equitable defenses (here, e.g., fully executed and =atisfied, etc.) are to be decided only after a full evidentiary hearing.
