tag:blogger.com,1999:blog-8110639002933228971.post7069700876044064924..comments2024-03-26T05:12:36.612-04:00Comments on SCOV Law: The Court's CalculatorDaniel Richardsonhttp://www.blogger.com/profile/14370460563783593796noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8110639002933228971.post-78419675236589505802015-08-24T13:46:48.209-04:002015-08-24T13:46:48.209-04:00Wow, that is an incredible story. Thank you for sh...Wow, that is an incredible story. Thank you for sharing it. I hope my article did justice to the legal analysis and the issues raised. Anonymoushttps://www.blogger.com/profile/03175546754624736041noreply@blogger.comtag:blogger.com,1999:blog-8110639002933228971.post-20358112180262771052015-08-24T00:59:32.370-04:002015-08-24T00:59:32.370-04:00Excuse me for my last comment. I meant I filed Pro...Excuse me for my last comment. I meant I filed Pro-Se. I was unsatisfied with the fact that I would have had to serve 3 years with only 170 days of pre-trial-detention credit for my 2012 charges. In essence, I was still serving 3 years toward my minimum term of incarceration without the benefit of the 279 days I spent incarcerated in 2010. <br /><br />I was not eligible, according to the DOC Sentence Comp, for release until March of 15'. This is because of a disparagement of 1 year between the <i>minimum</i> terms of concurrent incarceration on my 2010 docket (I received a sentence of 3 years) and my 2012 dockets (I received just 2 years). The 2012 dockets required me to atone for my sins for less time than the 2010 docket.<br /><br />Because the bail wasn't issued for the 2010 charge at the same time I arraigned for my 2012 charges I was paying penance for 279 days twice. <br /><br />I should have been seeing the parole board in May of 2014 and been eligible for release on furlough simultaneously. I should not have been scheduled to see the board in March of 15' (3 years from the day of my 2012 fiasco) by virtue of having received a completely concurrent sentence straight across the board by the sentencing judge. (I rejected the State's plea agreement and plea bargained with the sentencing judge instead)<br /><br />I decided to see if the trial court was reasonable enough to see that I should have only done just over 2 years. I drafted a Rule 35... Nope. The kick in the gonads for me was that the judge who rejected my sentence modification motion wasn't even the judge who sentenced me.<br /><br />I took the hint and decided to file a brief with the Supremes. Using the 5 and 14 Amendments' Substantive and Procedural Due Process Clauses, I reasoned that Parole and Probation were sufficiently similar to Drug Court in as much as their terms, agreements, rules and conditions. I was certain that the Justices would agree with me once they saw my exhibits.<br /><br />Differentiating the supreme's holding in Conway v. Cumming (furlough is not suffienctly simialr to parole) and the Supremes holding in State v. Blondin (revocation of parole or probation equals concurrent credit for the parole AND the new charge when the sentence is imposed concurrently). THE DOC NEVER, EVER AWARDED CONCURRENT CREDIT FOR AN INMATE ALREADY ON FURLOUGH WHEN PREPARING A SENTENCE COMP BEFORE APRIL OF 2013... <i> UNLESS THEY HAD BEEN ON PROBATION OR PAROLE BEFORE ACCRUING NEW CHARGES</i>. In 2012 (the year I was sentenced) this simultaneous credit was inapplicable in any instance where a <i>consecutive</i> sentence had been imposed regardless of whether or not the person was probation, parole or furlough.<br /><br />As of this writing the credit is now applicable toward the minimum term of incarceration. <br /><br />In order to win I needed to have the justices decide exactly what Drug Court legally in order to force DOC to award me an additional 279 days toward my 3 year minimum using the rational from Blondin. <br /><br />Brian LeClairhttps://www.facebook.com/brian.k.leclairnoreply@blogger.comtag:blogger.com,1999:blog-8110639002933228971.post-54778492038568580652015-08-23T21:20:47.306-04:002015-08-23T21:20:47.306-04:00I filed the appeal, I drafted the brief BY MY SELF...I filed the appeal, I drafted the brief BY MY SELF. The only thing Seth did for me was deliver the oral argument... Who needs law school :)Brian LeClairnoreply@blogger.comtag:blogger.com,1999:blog-8110639002933228971.post-70522804277705920682014-07-06T10:36:41.790-04:002014-07-06T10:36:41.790-04:0013 VSA 7031-32, have been amended by the legislatu...13 VSA 7031-32, have been amended by the legislature to reflect the holding in this decision. (eff. April 3, 2013.)<br /><br />http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=13&Chapter=221&Section=07031Ember S. Tiltonhttp://transparencyvt.comnoreply@blogger.com