How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29311
Experience:  Lawyer
26798026
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

If a convicted felon was sentenced under the 100:1

Customer Question

If a convicted felon was sentenced under the 100:1 sentencing, is there a statue of limitations for filing an appeal for re-sentencing hearing to the current 18:1? i
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Tennessee
JA: Has anything been filed or reported?
Customer: He hasn't filed a request for resentencing
JA: Anything else you want the lawyer to know before I connect you?
Customer: He filed request under clemency project and was approved for a 20 year term, and not 30 years. However if sentenced under 18:1, there would have never been a 30 year sentencing.
Submitted: 6 months ago.
Category: Legal
Customer: replied 6 months ago.
Is there a recommendation to any lawyer? Pro-bono or prisoner rights lawyer you can recommend?
Expert:  Lucy, Esq. replied 6 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A Notice of Appeal must be filed within 30 days after the sentencing. But what you're talking about wouldn't be an appeal unless the sentencing occurred after the Fair Sentencing Act was enacted. That's a Motion for Post-Conviction Relief, which typically must be filed within one year after the right to relief occurred.

If the person you're talking about had a public defender for the original case, contact that public defender directly to see if they are able to assist with the motion. If they didn't, try the general number for the public defender's office in your county or contact the ACLU.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 6 months ago.

Did you have any other questions about this?