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Old 06-04-2013, 07:25 PM
 
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If the county attorney decides to take death off the table, then Judge Stephens would sentence her. There is no parole in Arizona any more so the options are life w/possibility of release after 25 years ONLY if granted clemency by the governor, or natural life w/o any chance of release. Because of the aggravating factor, the second option is the most likely one.

 
Old 06-04-2013, 09:14 PM
 
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Quote:
Originally Posted by fruitlassie View Post
http://www.azcentral.com/community/m...nclick_check=1

If the county attorney decides to take death off the table, then Judge Stephens would sentence her. There is no parole in Arizona any more so the options are life w/possibility of release after 25 years ONLY if granted clemency by the governor, or natural life w/o any chance of release. Because of the aggravating factor, the second option is the most likely one.
If they take death penalty off the table and Judge Stephens sentences her to natural life w/o any chance of release, are appeals allowed on a natural life sentence?

While the Arias trial was going on, that morning Judge Stephens sentenced that strange looking guy that killed his girlfriend to natural life w/o any chance of parole.

Did you notice Nurmi and Willmott's statement in that article ... now they are concerned about taxpayer resources. LOL

Today Arias’ defense attorneys, Kirk Nurmi and Jennifer Willmott issued a joint statement in an exclusive to The Arizona Republic.

“If the diagnosis made by the State’s psychologist is correct, the Maricopa County Attorney’s Office is seeking to impose the death penalty upon a mentally ill woman who has no prior criminal history,” they wrote. “Despite Mr. Montgomery’s recent statements to the media, it is not incumbent upon Ms. Arias’ defense counsel to resolve this case. Instead, the choice to end this case sits squarely with Mr. Montgomery and his office.

“It is solely for them to determine if continuing to pursue a death sentence upon Ms. Arias, who is already facing a mandatory life sentence, is a good and proper use of taxpayer resources.”

Those two just want it over with!
 
Old 06-04-2013, 09:14 PM
 
Location: Ft. Myers
17,628 posts, read 11,162,634 times
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They were saying on TV that the current law is that "life means life" with no chance of parole, but JA's crime predated that law being passed so she theoretically could be sentenced to 20 to life. I don't know how accurate that is, but the "experts" on those shows seemed to be saying that.

Don
 
Old 06-04-2013, 09:22 PM
 
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Quote:
Originally Posted by don1945 View Post
They were saying on TV that the current law is that "life means life" with no chance of parole, but JA's crime predated that law being passed so she theoretically could be sentenced to 20 to life. I don't know how accurate that is, but the "experts" on those shows seemed to be saying that.

Don
According to the article Fruitlassie posted:

Judge Sherry Stephens would then choose between life in prison or natural life in prison. The former is frequently referred to as “life with chance of parole after 25 years,” but that is a misnomer often used even during court proceedings.

Arizona discontinued parole for first-degree murderers in 1994. Anyone sentenced since then might be sentenced to life with possibility of release after 25 years. Parole is only available for those who committed murders before 1994.

“Now the only chance of release is commutation from the governor through the Board of Executive Clemency,” a more difficult process, said Ron Reinstein, a retired Superior Court judge who chairss the Arizona Supreme Court’s capital case oversight committee.

“It doesn’t happen very often,” he said.
 
Old 06-04-2013, 09:42 PM
 
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Quote:
Originally Posted by CarolinaWoman View Post
According to the article Fruitlassie posted:

Judge Sherry Stephens would then choose between life in prison or natural life in prison. The former is frequently referred to as “life with chance of parole after 25 years,” but that is a misnomer often used even during court proceedings.

Arizona discontinued parole for first-degree murderers in 1994. Anyone sentenced since then might be sentenced to life with possibility of release after 25 years. Parole is only available for those who committed murders before 1994.

“Now the only chance of release is commutation from the governor through the Board of Executive Clemency,” a more difficult process, said Ron Reinstein, a retired Superior Court judge who chairss the Arizona Supreme Court’s capital case oversight committee.

“It doesn’t happen very often,” he said.
Might I refer everyone to the statutes that govern the sentencing in his case:

A. If the state has filed a notice of intent to seek the death penalty and the defendant is:
1. Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 1 or 3 and was at least eighteen years of age at the time of the commission of the offense, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for natural life as determined and in accordance with the procedures provided in section 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.

3. Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 2, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for life or natural life as determined and in accordance with the procedures provided in section 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis. If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years if the murdered person was fifteen or more years of age and thirty-five years if the murdered person was under fifteen years of age or was an unborn child.

Format Document
 
Old 06-04-2013, 10:13 PM
 
Location: Ft. Myers
17,628 posts, read 11,162,634 times
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Ok, I must be really thick, I am not understanding the part about "after 25 years." So is it really life or can they somehow get released after 25 ? And isn't natural life simply life ?

Don
 
Old 06-04-2013, 10:25 PM
 
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Quote:
Originally Posted by don1945 View Post
Ok, I must be really thick, I am not understanding the part about "after 25 years." So is it really life or can they somehow get released after 25 ? And isn't natural life simply life ?

Don
My reading of the statute is that the two options in this case are death or natural life. Natural life means no parole.
 
Old 06-04-2013, 10:36 PM
 
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Quote:
Originally Posted by Jaggy001 View Post
Might I refer everyone to the statutes that govern the sentencing in his case:

A. If the state has filed a notice of intent to seek the death penalty and the defendant is:
1. Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 1 or 3 and was at least eighteen years of age at the time of the commission of the offense, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for natural life as determined and in accordance with the procedures provided in section 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.

3. Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 2, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for life or natural life as determined and in accordance with the procedures provided in section 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis. If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years if the murdered person was fifteen or more years of age and thirty-five years if the murdered person was under fifteen years of age or was an unborn child.

Format Document
Thanks Jaggy ... please help me ... if death is taken off the table by the State of AZ. Judge Stephens can do one of the following:

1. Natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis ... they die in prison.

2. Life the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years.

If Life will time served be deducted?

Next question: The media including local Az newspapers keep reporting #2.“Life with chance of parole after 25 years, but that is a misnomer often used even during court proceedings."

"Arizona discontinued parole for first-degree murderers in 1994. Anyone sentenced since then might be sentenced to life with possibility of release after 25 years. Parole is only available for those who committed murders before 1994."

Is this wrong info the TV and newspapers are reporting regarding number 2 the Life with a chance of parole after 25 years?

Finally can defendant appeal either of these life sentences?
 
Old 06-04-2013, 10:43 PM
 
14,253 posts, read 15,324,963 times
Reputation: 13682
Quote:
Originally Posted by CarolinaWoman View Post
Thanks Jaggy ... please help me ... if death is taken off the table by the State of AZ. Judge Stephens can do one of the following:

1. Natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis ... they die in prison.

2. Life the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years.

If Life will time served be deducted?

Next question: The media including local Az newspapers keep reporting #2.“Life with chance of parole after 25 years, but that is a misnomer often used even during court proceedings."

"Arizona discontinued parole for first-degree murderers in 1994. Anyone sentenced since then might be sentenced to life with possibility of release after 25 years. Parole is only available for those who committed murders before 1994."

Is this wrong info the TV and newspapers are reporting regarding number 2 the Life with a chance of parole after 25 years?

Finally can defendant appeal either of these life sentences?
If you read ARS 13-1105, neither paragraph 2 nor paragraph 3 appear to apply to this case. It seems to me that paragraph 1 does apply:

1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

In which case, the only two options are death or natural life.

Now, I freely admit that I am not a lawyer but that is my reading of the statute.
 
Old 06-04-2013, 10:55 PM
 
9,911 posts, read 9,299,531 times
Reputation: 8048
Quote:
Originally Posted by Jaggy001 View Post
If you read ARS 13-1105, neither paragraph 2 nor paragraph 3 appear to apply to this case. It seems to me that paragraph 1 does apply:

1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

In which case, the only two options are death or natural life.

Now, I freely admit that I am not a lawyer but that is my reading of the statute.
Thank you!
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