soliciting your help

by now all of you are familiar with my very cherished friend mike, who i've known for a decade, but who's been in prison in ohio for nearing 3 yrs now. i got some potentially awesome news from him today.

mike was sentenced to 9 yrs, and the minimum sentence for what he did is 3 yrs under ohio sentencing law, as a first time offender he was supposed to get the minimum. so he talked with someone for the past two years about putting in an appeal and as far as mike understood this person had sent in the papers. yesterday they passed a bill in the ohio supreme court that said the judges over-sentencing was unconstitutional and anyone who had an appeal in based on over-sentencing was automatically given a re-sentencing hearing. so mike called this person and told them about this and this person said that they had forgotten to put in the papers. IF THEY HAD, he would have been taken to county jail TODAY and given a resentencing hearing and his sentence would have been reduced to 3 yrs, most likely. which would mean in a couple of months after his hearing, he'd be out on time served. i told him it has to be retroactive, that if they ruled HIS sentence unconstitutional that they SHOULD hear his appeal. so im going to look into it and see if it's retroactive.

if any of you, anywhere have any info or know of any place i can find info on this, i will be forever in your debt. i love 'im and regardless of whether or not i can see him, i would like to know that he is free. he's a good man.

note: appeals of this nature cite the blakely vs. washington case heard in washington supreme court in summer 2004 i believe.

Labels: mike

posted by Courtney at 7:02 p.m.

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