ACLU Fighting for Woman Sentenced 30 Years for Failure to Protect

[Midtowner]

The American Civil Liberties Union is fighting for the release of an Oklahoma woman sentenced to 30 years in prison for failing to protect her children from their abusive father.

http://newsok.com/aclu-fights-for-re...rticle/5575640

I sat through the argument this morning on this case. It's really an interesting deal and was a use of the Writ of Habeas Corpus I hadn't imagined. Both the State's attorney and Mr. Henderson did a great job here, but this is a pretty amazing situation. The father who actually broke the bones of his infant child got 8 years of probation while the mother was sentenced to 30 years and won't be eligible for parole until she has completed 85% of that sentence.

It'll be interesting to see how this one plays out. This looks to be some sort of end run around the ordinary post conviction relief process by asking a judge, and now the Supreme Court (not the Court of Civil Appeals, which again, end-run) of the State of Oklahoma to say that a district judge has the jurisdiction to modify sentences where he sees an injustice.

[Martin]

the oklahoman article says that the father took a plea deal. was the mother also offered a plea bargain that she chose to reject?

[TheTravellers]

http://newsok.com/aclu-fights-for-re...rticle/5575640

I sat through the argument this morning on this case. It's really an interesting deal and was a use of the Writ of Habeas Corpus I hadn't imagined. Both the State's attorney and Mr. Henderson did a great job here, but this is a pretty amazing situation. The father who actually broke the bones of his infant child got 8 years of probation while the mother was sentenced to 30 years and won't be eligible for parole until she has completed 85% of that sentence.

It'll be interesting to see how this one plays out. This looks to be some sort of end run around the ordinary post conviction relief process by asking a judge, and now the Supreme Court (not the Court of Civil Appeals, which again, end-run) of the State of Oklahoma to say that a district judge has the jurisdiction to modify sentences where he sees an injustice.

Shades of the blame-shifting in the Magdiel Sanchez case and DA Prater's crap he spewed about Sanchez's father:

“Why would any father leave their mentally impaired, hearing impaired son in the front yard, with this in his hand, to deal with police?” Prater said. “He set his son up to die.”

[Midtowner]

the oklahoman article says that the father took a plea deal. was the mother also offered a plea bargain that she chose to reject?

Maybe? I'm more interested in this potential application of the Writ of Habeas Corpus. I'm not sure it's really used to "correct injustice," even though, as my wife points out, anyone who has watched Legally Blonde knows it was created to do. Is the application of due process and a sentence received after said due process always considered "justice"? I'm sure the sentencing judge had his reasons. It's just the sort of Pandora's Box something like this could open up which intrigues me.

[Jeepnokc]

http://newsok.com/aclu-fights-for-re...rticle/5575640
It'll be interesting to see how this one plays out. This looks to be some sort of end run around the ordinary post conviction relief process by asking a judge, and now the Supreme Court (not the Court of Civil Appeals, which again, end-run) of the State of Oklahoma to say that a district judge has the jurisdiction to modify sentences where he sees an injustice.

Did you mean end run around the Court of Criminal Appeals?

[Midtowner]

Did you mean end run around the Court of Criminal Appeals?

Yep. Sometimes my fingers get ahead of my brain.

[Jeepnokc]

Yep. Sometimes my fingers get ahead of my brain.

They have a better chance of relief from the civil side versus our current Court of Crims if they can get it there.

[onthestrip]

This case is so bad. An example of our harsh and overly punitive laws and no one in government really caring about correcting it.

[TheTravellers]

This case is so bad. An example of our harsh and overly punitive laws and no one in government really caring about correcting it.

To be fair, we did pass SQ 780 and SQ 781, but yeah, that was a vote of the people forcing the gov't to do something instead of them taking the initiative.

[Midtowner]

And to be fair, the legislature gutted those reforms.

[TheTravellers]

And to be fair, the legislature gutted those reforms.

Hmmm, thought those efforts to change 780 and 781 failed, but there were other reform bills around that may've passed, guess I need to do some research.

[hoya]

And to be fair, the legislature gutted those reforms.

How do you mean?

[Midtowner]

http://kfor.com/2017/03/09/house-bil...cision-passes/

[TheTravellers]

http://kfor.com/2017/03/09/house-bil...cision-passes/

From what I can see, it didn't get to the Senate, so it's not in effect, right? And SB512 didn't get voted on. So are they up for votes in the Senate in the next regular session or do they die?

[Bunty]

At least two opponents of SQ 780 are gone from the Legislature. Sen. Shortey and Rep. Biggs. Biggs thought it was bad that anybody caught burning the flag a second time would no longer be charged with a felony. Never mind that a Supreme Court ruling didn't find flag burning as a crime. I'm so glad both of them are gone.

[hoya]

http://kfor.com/2017/03/09/house-bil...cision-passes/

I'm still waiting for an answer that is responsive to my question.