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Ruling Favors Mich. Inmates Serving Life
AP via SFGate ^ | 10/26/7 | DAVID EGGERT, Associated Press Writer

Posted on 10/26/2007 3:24:07 PM PDT by SmithL

Lansing, Mich. (AP) -- The constitutional rights of more than 1,000 inmates serving life sentences in Michigan prisons have been violated ever since parole policies were toughened in the 1990s, a federal judge has ruled.

U.S. District Judge Marianne Battani said the cumulative effect of the parole changes violates the Constitution's ban on laws being applied retroactively.

She released her decision this week but has yet to decide what her ruling means for 1,000 to 1,200 Michigan prisoners sentenced before 1992 to life in prison with the possibility of parole.

Since the early 1990s, the Michigan Parole Board has been less willing to release prisoners sentenced to life with the possibility of parole, adopting a "life means life" policy.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Government; US: Michigan
KEYWORDS: activistjudge; criminallover

1 posted on 10/26/2007 3:24:11 PM PDT by SmithL
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Battani, Marianne O.
Born 1944 in Detroit, MI

Federal Judicial Service:
Judge, U. S. District Court, Eastern District of Michigan
Nominated by William J. Clinton on August 5, 1999, to a seat vacated by Anna Diggs Taylor; Confirmed by the Senate on May 24, 2000, and received commission on June 2, 2000.

Education:
University of Detroit, B.A., 1966

Detroit College of Law, J.D., 1972

Professional Career:
Private practice, 1972-1981
Judge, Common Pleas Court, City of Detroit, Michigan, 1981
Judge, 36th District Court, City of Detroit, Michigan, 1981-1982
Judge, Wayne County Circuit Court, Michigan, 1982-2000


Race or Ethnicity: White

Gender: Female

2 posted on 10/26/2007 3:24:35 PM PDT by SmithL (I don't do Barf Alerts, you're old enough to read and decide for yourself)
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To: SmithL

This is the problem with the “life means life” alternative to the death penalty. No matter how many times you tell the courts that “life means life,” they have the last say, and you can be certain that they won’t agree.


3 posted on 10/26/2007 3:28:34 PM PDT by Brilliant
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To: SmithL

That’s great. Let’s just let loose a bunch of lifers on the public.

This judge is nuts.


4 posted on 10/26/2007 3:38:28 PM PDT by freekitty ((May the eagles long fly our beautiful and free American sky.))
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To: SmithL

Maybe the public should start changing the rules of a Presidential appointment. It’s clear that neither side wants any justice. Clinton for his dimwit ways and Bush who didn’t do a thing about change.


5 posted on 10/26/2007 3:40:08 PM PDT by freekitty ((May the eagles long fly our beautiful and free American sky.))
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To: Brilliant
I read the article and it is for people sentenced to life with the possibility for parole. I can see getting my underwear in a knot over people sentenced to life without the possibility for parole but their sentences were with the possibility for parole.
6 posted on 10/26/2007 3:50:27 PM PDT by rednesss (Fred Thompson - 2008)
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To: rednesss

They aren’t taking away their possibility of parole, though. They are just making it more difficult to get parole.

But as usual, the judges are in control, and no one can tell them anything.


7 posted on 10/26/2007 3:58:49 PM PDT by Brilliant
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To: freekitty

This judge ought to dance the Tyburn Jig along with most of the lifers she is trying to dump on the public.


8 posted on 10/26/2007 3:58:54 PM PDT by Vigilanteman (Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud)
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To: freekitty
This judge is nuts.

Only if she offered her own dwelling to serve as a halfway house for paroled lifers.

Which, of course, never crossed her mind.

Instead, that's something the rest of us will have to contend with -- while she gets off without accountability.

Judges are the enemy of a civilized society.

9 posted on 10/26/2007 4:05:25 PM PDT by okie01
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To: SmithL

There’s no retroactive law, only an existing executive board, charged with granting parole, actually deciding to only release convicts that they believe no longer pose a serious danger to society.

Oh, gosh, what am I saying? That of course reduces the power of the federal courts, so therefore must be evil.


10 posted on 10/26/2007 4:20:26 PM PDT by kingu (No, I don't use sarcasm tags - it confuses people.)
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To: okie01
Only if she offered her own dwelling to serve as a halfway house for paroled lifers.

She'll be seeking to improve marshal protection of federal judges as soon as the parole board is forced to start releasing these lifers.

11 posted on 10/26/2007 4:21:48 PM PDT by kingu (No, I don't use sarcasm tags - it confuses people.)
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To: okie01

Exactly. She is making up the law as she goes along too.


12 posted on 10/26/2007 4:31:22 PM PDT by freekitty ((May the eagles long fly our beautiful and free American sky.))
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To: Vigilanteman

I agree


13 posted on 10/26/2007 4:31:46 PM PDT by freekitty ((May the eagles long fly our beautiful and free American sky.))
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The constitutional rights of more than 1,000 inmates serving life sentences in Michigan prisons have been violated ever since parole policies were toughened in the 1990s, a federal judge has ruled. U.S. District Judge Marianne Battani said the cumulative effect of the parole changes violates the Constitution's ban on laws being applied retroactively.
She's full of feces. The ban of ex post facto laws has nothing to do with this, because these inmates were convicted of crimes, of breaking laws that existed at the time they committed their crimes. Sentencing isn't about applying new laws. The incompetent partisan hack is all about inventing law ex cathedra and she should be debenched, disbarred, and sent packing.
14 posted on 11/09/2007 11:20:38 PM PST by SunkenCiv (Profile updated Thursday, November 8, 2007. https://secure.freerepublic.com/donate/)
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