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Cedric
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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To Whom this may concern, I am writing to inquire about

Resolved Question:

To Whom this may concern,

I am writing to inquire about excessive sentencing issues, or case laws, for Arizona that are in the works. In addition, are there any new case law's for "Fraud upon the court" (not 1925 or 28) under civil rights rule 60 (c) being equally applicable in a criminal proceeding?

Any information that you could forward would be great. Please let me know if you have any further questions.

Sincerely, XXXXX
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Cedric replied 4 years ago.
Unfortunately, the way courts are now, nothing seems to violate the Eighth Amendment, which is what you would use to challenge the punishment received as cruel and unusual and therefore in violation of the Constitution.

For instance, my former Constituional law professor, took a case where a guy in California got two consecutive life sentences for shoplifting (petty theft with a prio), and the Court ruled 8-1 that it wasn't cruel and unusual.

The same Supreme Court put a moritorium on the death penalty 40 years ago because it was cruel and unusual. The Court has become increasingly conservative and restrictive of individual rights and liberties, especially those alleged to have committed a crime.

I wish I could give you better news, but that's sadly the way it is for now.
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience: Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
Cedric and 3 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Dear Cedric, Thank you for answering my question. I maybe shoujld have started with this brief background. In 1992 a friend of mine plead guilty in a plea agreement to recieve a 20 year sentence. At sentencing, he received 40 years! With the almost 20 years that he's been incarcerated, he's becomming almost frnatic that he'll be in there beyone the 20 years he agreed to. He's working on his 7th appeal now.
Expert:  Cedric replied 4 years ago.
That's completely illegal and you and him are definitely justified in your outrage. I reccomend contacting the ACLU

acluaz.org

They will hopefully help you and him, or help you find an attorney who will. As a Defense Attorney, I think incarceration is horrible in itself, let alone to be screwed over by a Judge--who shouldn't have been able to re-sentence him after he had a plea bargain.

Best of luck! I truly feel for you, as I do my clients who are behind bars, and who have become my friends as well as my clients.
Customer: replied 4 years ago.
thank you for directing us to ACLU! thank you for all of your hard working defendinng criminals!
Expert:  Cedric replied 4 years ago.
'alleged' criminals. thank you!
Customer: replied 4 years ago.
oops, I mis-spoke (mis-typed) I appreciate your correction : )
Expert:  Cedric replied 4 years ago.
It's fine; I still catch myself all most saying it sometimes. Best of luck again!

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