Comments on: Supreme Court changes course on kidnapping http://apublicdefender.com/2008/06/29/supreme-court-changes-course-on-kidnapping/ Thu, 04 Dec 2008 03:54:54 +0000 http://wordpress.org/?v=2.6.5 By: Oh (de)Jesus! Calling propensity propensity | a public defender http://apublicdefender.com/2008/06/29/supreme-court-changes-course-on-kidnapping/#comment-41134 Oh (de)Jesus! Calling propensity propensity | a public defender Mon, 13 Oct 2008 15:43:03 +0000 http://apublicdefender.com/?p=1283#comment-41134 [...] retain the power to change the law of evidence on a case-by-case basis and it also reversed its decision in Sanseverino - issued a few weeks prior - in regards to the [...] [...] retain the power to change the law of evidence on a case-by-case basis and it also reversed its decision in Sanseverino - issued a few weeks prior - in regards to the [...]

]]> By: Gideon http://apublicdefender.com/2008/06/29/supreme-court-changes-course-on-kidnapping/#comment-34145 Gideon Mon, 30 Jun 2008 17:02:37 +0000 http://apublicdefender.com/?p=1283#comment-34145 The change in the law is definitely retroactive and applies to defendants whose cases are currently pending or on direct appeal. Whether it applies to defendants whose convictions are final (post direct appeal) and who have collateral review pending is a hazier question. I think the caselaw tends to say that this case will <i>not</i> apply to them, but I think it can be litigated. A petition for new trial has to be brought within 3 years of the conviction, except in cases of DNA (<a href="http://cga.ct.gov/2007/pub/Chap926.htm#Sec52-582.htm">C.G.S 52-582</a>) The change in the law is definitely retroactive and applies to defendants whose cases are currently pending or on direct appeal. Whether it applies to defendants whose convictions are final (post direct appeal) and who have collateral review pending is a hazier question. I think the caselaw tends to say that this case will not apply to them, but I think it can be litigated.

A petition for new trial has to be brought within 3 years of the conviction, except in cases of DNA (C.G.S 52-582)

]]> By: MJI http://apublicdefender.com/2008/06/29/supreme-court-changes-course-on-kidnapping/#comment-34142 MJI Mon, 30 Jun 2008 16:54:03 +0000 http://apublicdefender.com/?p=1283#comment-34142 What about a petition for new trial? Is this change in the law retroactive? What about a petition for new trial? Is this change in the law retroactive?

]]> By: Gideon http://apublicdefender.com/2008/06/29/supreme-court-changes-course-on-kidnapping/#comment-34134 Gideon Mon, 30 Jun 2008 15:24:56 +0000 http://apublicdefender.com/?p=1283#comment-34134 I think his best bet at this point is to file a petition for writ of habeas corpus. I don't see any permissible 43-22 claims covering his situation. I think his best bet at this point is to file a petition for writ of habeas corpus. I don’t see any permissible 43-22 claims covering his situation.

]]> By: MJI http://apublicdefender.com/2008/06/29/supreme-court-changes-course-on-kidnapping/#comment-34129 MJI Mon, 30 Jun 2008 14:29:51 +0000 http://apublicdefender.com/?p=1283#comment-34129 What should Mr. Luurtsema do? What should Mr. Luurtsema do?

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