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Can't seem to get assistance...
Can't seem to get assistance from any firm on this matter. Long story short,My brother screwed up 14 years ago and is currently serving time and possibly 14 more because of gun enhancement charges applied to each victim from a single robbery.This should have only resulted in one, single gun enhancement charge since it was a single act. He's filed a writ of Habeas Corpus for a sentence reduction with State Superior Court all the way to Supreme Court, Submitted a petition to Federal Distric Court. The court then ordered a response to show cause from the Attorney General. A.G. replied a response was unnecessary because of the time bar for the A.E.D.P.A.? Were trying to find a loophole to overcome this time bar so the petion can then be persued. Any information would be helpful at this point.There are other technicalities that may be helpful as well.
Submitted: 8 years ago.Category: Legal
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6/10/2010
Lawyer: MShore, Attorney replied 8 years ago
MShore
MShore, Attorney
Category: Legal
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Thank you for the post, are you referring to the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132?
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Customer reply replied 8 years ago

I'm just learning about most of his details . What I know is ; 10 counts of the 211-2nd deg robbery , plus 9 counts of 12022.5 (A) - enhancement . I hope that helps . I believe the law was new in 1996 .

Thanks for your time.

Lawyer: MShore, Attorney replied 8 years ago
Yes, that is when the AEDPA was enacted, in 1996.
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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Customer reply replied 8 years ago

So is there a loophole or way around this time bar ?

Lawyer: MShore, Attorney replied 8 years ago
Unfortunately not. The AEDPA further limits the use of the federal writ of habeas corpus by imposing a one-year statute of limitations. Also AEDPA requires that any constitutional right invoked to vacate a state court conviction rooted in a mistake of law by the state court must have "resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States."
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Customer reply replied 8 years ago
Thank You , It is unfortunate since I am able to pay 10k for any kind of sentence reduction for him . Money just came at the wrong time.
Lawyer: MShore, Attorney replied 8 years ago
Yeah, I really wish my answer was different.
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