The judge screwed up, throw out the life sentence. Re-sentence him to 6 hours in a pen full of starving wolves with a pork chop tied to his neck.
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The judge screwed up, throw out the life sentence. Re-sentence him to 6 hours in a pen full of starving wolves with a pork chop tied to his neck.
Do wolves eat tainted meat? Oh, they probably do... but that's an insult to the wolves...
Now, jackals, hyenas... feral pigs? Might be okay.
I have always been under the impression that in order for a case to be thrown out or overturned on a technicality the technicality had to have been detrimental to the defendant. For instance if the police preformed an illegal search or the Judge had given instructions to a jury that might have incorrectly influenced then to vote for a conviction.
In this case the mistake made was actually in the favor of the defendant and in no way could have been an influence in convicting. If anything it might have worked in his favor.
MichaelQuote:
But in a 12-page ruling written by Justice Eileen C. Moore for justices William Bedsworth and Richard Aronson, the panel declared the mistake wouldn't cause them to overturn the case.
Their rationale?
Paer had read an outdated version of a kidnapping statute, a version that actually was "to the advantage of the defendant" by requiring the Orange County District Attorney's office "to meet a higher burden of proof than that currently required under law."
Let's see...Yep! You're right! We did screw up. According to this you should've recieved twice the sentence you got. Thanks for bringing that to our attention, we'll sart the new process right away.