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To: ColdOne

Federal judges = Domestic Enemies.


56 posted on 05/26/2017 4:55:39 PM PDT by TADSLOS (Reset Underway!)
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To: TADSLOS

Bingo!


61 posted on 05/26/2017 5:13:09 PM PDT by ColdOne ((I miss my poochie... Tasha 2000~3/14/11~ Best Election Ever!)
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To: TADSLOS

I wanted to see this creep executed as much as anyone else on here; he and his accomplice put my area under mortal fear for months.

However, I think the federal district court judge’s hands were tied under the relevant Supreme Court precedent. The Supreme Court made up its own law when it decided that it was cruel and unusual punishment to sentence a person under 18 years old at the time the crime was committed to life without parole. Therefore, you can thank Anthony Kennedy, who cast the deciding vote along with Ginsburg, Breyer, Sotomayor and Kagan, JJ, for giving this little monster a shot at getting out of prison.

Under Virginia law, as I read it, a sentence of life with the possibility of parole entitles the convict to a first parole hearing after 12 years of imprisonment. Malvo stands convicted of two murders and one attempted murder within the Commonwealth of Virginia, along with two weapons charges for which he received eight additional years. He has been in custody since October 24, 2002, or 14 years, 5 months, 2 days.

Spotsylvania County, west of Fredericksburg, is to the best of my knowledge a law and order county, so I don’t think you’ll see a bleeding heart liberal there. The legislature here elects the circuit judges (as opposed to gubernatorial appointments or public elections in other states), and the legislature has been dominated by the GOP lately, so it is unlikely that a liberal will be sitting on the bench.

What the circuit judge will do, I feel certain, is make all the sentences consecutive; he’ll sentence Malvo to one life sentence, which will necessitate an immediate parole hearing, since he has been in the can for over 12 years; if somehow he gets parole, the second sentence would then start, and he wouldn’t be eligible for parole until 2029, when he’ll be 44 years old; if the bleeding hearts on the parole board oblige him, his weapons sentences would start (in Virginia, an 8 year term usually means he gets out in 4). So Malvo gets released from Virginia custody at age 48 in 2033.

At this point, Virginia would hand him over to Maryland, where he pleaded guilty to 6 murders. Under Maryland statute, he is not eligible for parole until he has served 15 years of a life sentence. In Maryland, most of the state court judges are democrats, but some of them are tough. If a Maryland judge does the right thing in resentencing Malvo, he would make each murder count be served consecutively, meaning that Malvo would have to serve 90 years in a Maryland prison, or until age 138, until he would be eligible for release.

Of course, he is still wanted in other states where he committed murder, such as Louisiana and Arizona.

Therefore, I hope that his proceedings are a mere formality and that he remains in Red Onion State Prison, the supermax joint way out in the Wise County mountains near the Kentucky border until they bag him up for burial.


73 posted on 05/26/2017 6:13:43 PM PDT by nd76
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