Comments on: Glenarlow Wilson wins state Habeas and State appeals

By: Thoughts on the Genarlow Wilson decision | a public defender

Thoughts on the Genarlow Wilson decision | a public defender — Fri, 26 Oct 2007 23:41:07 +0000

[...] Genarlow Wilson wins habeas and state appeals Powered by Gregarious (36) [...]

By: Glenarlow Wilson turns down ambiguous plea offer | a public defender

Glenarlow Wilson turns down ambiguous plea offer | a public defender — Sat, 30 Jun 2007 23:46:34 +0000

[...] Wilson [previous coverage here and here] has rejected a plea offer from the State. The Douglas County man imprisoned for having oral sex [...]

By: Gideon

Gideon — Mon, 11 Jun 2007 23:22:17 +0000

[quote comment="1969"]Gideon,

Thanks for the clarification on that. it does make sense.[/quote]
No problem. I’d still like to see the opinion and the notification of grounds for appeal to make up my mind, but that’s my best guess.

By: Karoli

Karoli — Mon, 11 Jun 2007 22:50:54 +0000

Gideon,

Thanks for the clarification on that. it does make sense.

By: Audacity

Audacity — Mon, 11 Jun 2007 22:16:26 +0000

I’m thrilled to have voted for Thurbert Baker in the last election.

By: Gideon

Gideon — Mon, 11 Jun 2007 20:05:16 +0000

Karoli, I wish I could answer that. I have had similar cases where the state has decided to pursue an appeal.

The stay is automatic and pretty universal. The Connecticut Practice Book provides that there will be an automatic stay in criminal and non-criminal matters when an appeal is taken.

I suspect the State is appealing the habeas court’s restructuring of the sentence. Typically, a habeas court cannot modify a sentence, but only vacate it. The only case in which a habeas court can impose a new sentence is if the claim was a breach of plea agreement.

However, I have not personally dealt with 8th Amendment claims, so I have little idea of the ideal remedy in such cases.

By: Karoli

Karoli — Mon, 11 Jun 2007 19:56:23 +0000

Gideon,

CNN is reporting that the prosecutor filed for an appeal and a stay of his release from jail.

Why are they so entrenched about this? Is common sense completely discarded in favor of law and order? Isn’t there a place for both?