December 24th, 2009 11:57 AM
From the liberal State of Massachusetts and its wonderful court system.
High court allows probation in armed home invasion cases - Local News Updates - The Boston Globe
High court allows probation in armed home invasion cases
December 23, 2009 12:09 PM
By Globe Staff
The state's highest court ruled today that judges can impose a sentence of probation after a defendant is convicted of the crime of armed home invasion, saying the ruling "may seem contrary to common sense" but was necessary because of the ambiguous language of the law.
The armed home invasion statute currently says that anyone convicted of the crime "shall be punished by imprisonment in the state prison for life or for any term of not less than 20 years."
But the statute, in a previous version, had contained language that specifically barred a suspended sentence or probation for anyone who committed the crime a second time, the Supreme Judicial Court noted. And the removal of that language, the court said, raised questions.
"In this context, the Legislature's decision ... to remove all language from [the law] that expressly prohibited probation leaves a question in our minds regarding its intent with respect to the availability of a probationary sentence," the court said in a three-page opinion written by Justice Margot Botsford.
"We recognize that this result, which has the effect of offering a sentencing judge a choice between probation and a mandatory minimum prison term of 20 years, may seem contrary to common sense," the court said.
However, the court said, the changes to the law "render ambiguous what might otherwise be clear" and mean that the probationary sentence is allowable.
The high court rejected an appeal by prosecutors of the sentence imposed on Jacob Zapata, who pleaded guilty in January to charges that included attempted murder, armed home invasion, and five other crimes. Zapata received a five-year prison sentence on the attempted murder charge, but probation for five years after that on the armed home invasion charge and the other crimes.
I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.
I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
Veni, Vidi, Velcro
December 24th, 2009 12:20 PM
I am no lawyer or judge, but I can tell what the legislature meant; and it surely doesn't mean what the court interpreted it to mean. Of course, our own Chancellor Claudia Bonnyman in Tennessee said that this was incomprehensible to the average citizen:
She says we cannot tell from that what is a restaurant, and what is a bar. This flummery is necessary because Tennessee has no legal definition of what constitutes a "bar."
SECTION 1. Tennessee Code Annotated, Section 39-17-1305(c), is amended by adding the following language as a new, appropriately designated subdivision:
(A) Authorized to carry a firearm under § 39-17-1351 who is not consuming beer, wine or any alcoholic beverage, and is within the
confines of a restaurant that is open to the public and serves alcoholic beverages, wine or beer.
(B) As used in this subdivision (c)(3), “restaurant” means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, such place being provided with adequate and sanitary kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. At least one (1) meal per day shall be served at least five (5) days a week, with the exception of holidays, vacations and periods of redecorating, and the
Funny, I could tell that this meant I could carry at "Applebees," but not at "The Watering Hole Saloon"...I must be a genius.
If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772
NRA Benefactor Life
Tennessee Firearms Association Life
December 24th, 2009 12:25 PM
Pitiful. Then again, arent those the same judges that allowed private property to be siezed so that some apartments could be built because their combined "tax revenue" was bigger?
That crap wouldnt fly in many states. In some places, he would have never made it to trial.
Jacob Zapata, who pleaded guilty in January to charges that included attempted murder, armed home invasion, and five other crimes
I would rather stand against the cannons of the wicked than against the prayers of the righteous.
AR. CHL Instr. 07/02 FFL
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December 24th, 2009 01:01 PM
Are you referring to the New London, CT case? After all the... the land is just sitting empty. The development plans are on hold. Wonder what it's like to have a government that works FOR you.
December 24th, 2009 02:45 PM
It's best to take care of an armed home invader when he enters the home. When they go out zipped up in a bag, then let the court give him probation.
For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27
December 24th, 2009 02:59 PM
I got no use for dat crap!!!
I hate hearing this kind of social engineering BS
"The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed -- where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once."
Justice Alex Kozinski, US 9th Circuit Court, 2003
If you want to make God laugh, tell him your plans.
Washington didn't use his freedom of speech to defeat the British, He shot them!
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy." -- Ernest Benn
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