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  1. #841
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    Aug 2014
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    Truthbeknown, it truly was a miracle. May Erin always be an angel that is always with you,

    uploadfromtaptalk1502888102607.jpg

    looking over your shoulder to comfort you and keep you.


  2. #842
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    Jul 2014
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    235

  3. #843
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  4. #844
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    Aug 2014
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    Quote Originally Posted by truthbeknown View Post
    From link:

    "Lee’s attorney states that the judge erroneously failed to instruct the jury that there was a difference in the way the jury was to evaluate whether Lee was provoked to the extent that he committed voluntary manslaughter rather than murder, and the way it was to evaluate whether he was provoked to the extent that he did not premeditate Corwin’s killing and thus would have been guilty only of second-degree murder.

    The attorney claims that the judge’s failure to do so deprived Lee of his Fifth and Fourteenth Amendment rights to due process and a fair trial, and the judgment against him should, therefore, be reversed......

    It appears Corwin may have hoped to travel to Alaska with him. In testimony during the trial, Sheriff’s Detective Daniel Helmick said he found a sticky note on Corwin’s computer that read, “Providence, Trailside Heights Apartments,” which is an apartment complex in Anchorage, Alaska.

    “There was substantial evidence, primarily from appellant’s own testimony, that he was provoked in killing Erin Corwin. Appellant testified that he was drinking to excess and suffering from depression and thoughts of suicide,” Lee’s appeal states. “He was so indifferent to his own life that had played ‘Russian roulette’ with his revolver on a number of occasions. He was under a great deal of self-induced stress about whether he wanted to stay with his wife or commit to Erin.”

    In the opening appeals brief, Lee’s attorney argues that had the jury been instructed about the difference in how to evaluate manslaughter and murder, and still found him guilty of murder, he would have been guilty of second, rather than first-degree murder.

    The state’s brief is due by Oct. 10."

    truthbeknown

  5. #845
    Join Date
    May 2009
    Posts
    13,031
    The sentencing for each type of murder can vary substantially depending on a defendant’s criminal record and the details of the case. Here we will list the typical sentences for each crime.

    If convicted of first-degree murder you will be sentenced to 25 years-to-life in state prison. This means that you must serve at least 25 years before being eligible for early release on parole. However, if it can be proven by the prosecutor that you committed the murder because of the victim’s race, religion, gender, etc. then you will be sentenced to life in prison without the possibility of parole, meaning you will spend the rest of your life in state prison.

    If convicted of second-degree murder you will be sentenced to 15 years-to-life in state prison. Meaning you will spend a mandatory 15 years in prison before being eligible for early release on parole. Additionally, if the murder victim was a police officer or was killed during a drive-by shooting then the charges increase dramatically.

    Prosecuting Murder
    In order for a prosecutor to convict you of murder, regardless of the degree, he/she must prove the three elements of the crime:


    1. That you committed an act that resulted in the death of a fetus, or another
    2. That the act was committed with malice aforethought
    3. That the killing was without lawful excuse or jurisdiction


    If the prosecutor cannot definitively prove that you murdered someone in accordance with the three elements of the crime then you will not be found guilty.
    http://esfandilawfirm.com/crimes/ca-...de-187-murder/
    You are the anchor to my soul, you won't let go ...

  6. #846
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    May 2009
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    Quote Originally Posted by truthbeknown View Post
    I loosely researched successful appeals based on erroneous jury instructions. The odds for CL aren't very high. Even if his attorney is successful, and gets the ruling reversed, IMO the jury will find him guilty of 1st degree murder w/ the enhancement of lying in wait again. Sean Daugherty did an excellent job with Erin's case.

    I'm sorry Truth. My heart goes out to you and your family, even when a conviction is obtained, it's still not over. But you know where your strength comes from, and you have a promise that all things work together for good.

    I have thought of something beneficial if another trial is held. It might give prosecutors a chance to develop new evidence against Nicole, wouldn't that be something?!
    You are the anchor to my soul, you won't let go ...

  7. #847
    Join Date
    May 2009
    Posts
    13,031
    Last edited by Knox; 10-06-2017 at 06:28 PM.
    You are the anchor to my soul, you won't let go ...

  8. #848
    Join Date
    May 2009
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    10/06/2017 Granted - extension of time.
    Respondent's brief. Due on 11/09/2017 By 30 Day(s)
    You are the anchor to my soul, you won't let go ...

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