GUILTY CA - Erin Corwin, 19, pregnant, Twentynine Palms, 28 June 2014 - #14

[Bently]

Truthbeknown, it truly was a miracle. May Erin always be an angel that is always with you,



looking over your shoulder to comfort you and keep you.

:grouphug:

 

[truthbeknown]

http://appellatecases.courtinfo.ca....ing.cfm?dist=42&doc_id=2172072&doc_no=E067356

 

[truthbeknown]

http://m.hidesertstar.com/mobile/news/article_42b648c4-94e5-11e7-a75c-576e1fef76d2.html

 

[Bently]

http://m.hidesertstar.com/mobile/news/article_42b648c4-94e5-11e7-a75c-576e1fef76d2.html

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."

:grouphug: truthbeknown

 

[Knox]

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-penal-code-187-murder/

 

[Knox]

http://m.hidesertstar.com/mobile/news/article_42b648c4-94e5-11e7-a75c-576e1fef76d2.html

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?!

 

[Knox]

Enter Lee's name in the search.
http://appellatecases.courtinfo.ca.gov/search/searchResults.cfm?dist=42&search=party

 

[Knox]

10/06/2017

Granted - extension of time.

Respondent's brief. Due on 11/09/2017 By 30 Day(s)

 

[Ozoner]

10/06/2017

Granted - extension of time.

Respondent's brief. Due on 11/09/2017 By 30 Day(s)

Was the brief submitted by 11/9 as required? Not that I think the appeal is going anywhere.

 

[truthbeknown]

Another extension http://appellatecases.courtinfo.ca....wLSInLkg9WzBRSCM9UEhIUFA6UlxbJSMuSz9SXDtNCg==

 

[truthbeknown]

http://appellatecases.courtinfo.ca....wLSIkXkw+WyBJSCJdSE5IQFg6UlxbJSMuSz9SUCAgCg== I am assuming the Appellate court responded with a brief on the 10th. I have not gotten an email or found any info on their website.I have checked their rulings that are listed on their website. I have called and left a couple of messages at victim's services with no one calling me back. Does anyone know a way to find out what the ruling was?

 

[heartgoesout]

No return call??
How victims are treated in our justice system really needs an overhaul.
I am so sorry truthbeknown that you can't find answers.

 

[truthbeknown]

I received a phone call today from a Victims Service Representative. I have a new one from when I called about a year ago. Any way he said that there will be no info on the respondents brief until the middle of February. This is what is on their website now. http://appellatecases.courtinfo.ca....wLSIkXkw+WyBJSCJdSE5IQFg6UlxbJSMuSz9SUCAgCg==

 

[heartgoesout]

No idea what that means! You need a law degree to read what should be simple documents!

 

[dixiegirl1035]

Court notation that respondents brief was filed February 8th.

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=42&doc_id=2172072&doc_no=E067356&request_token=OCIwLSIkXkw9WzAtSCItUEhIUFA6UlxbJSMuSz9SXDtNCg%3D%3D

 

[truthbeknown]

Here is an article on the Appellate Court response to the appeal. http://m.hidesertstar.com/mobile/news/article_7dde28de-175f-11e8-9f28-dbf772fe3255.html

 

[truthbeknown]

I just got notified that the appeal case is fully briefed.
http://appellatecases.courtinfo.ca....wLSIkXkw9W1BBSSFdUEhIUEg6UlxbJSMuSz9SXDtLCg==

I am sure there are other courts that he can appeal through. I sent an email to my Victim's Service Rep to get more information. If anyone has any experience in this and can make this clearer to me I welcome what you have to share.

 

[dixiegirl1035]

View attachment 129979

Court notation that respondents brief was filed February 8th.

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=42&doc_id=2172072&doc_no=E067356&request_token=OCIwLSIkXkw9WzAtSCItUEhIUFA6UlxbJSMuSz9SXDtNCg%3D%3D

Court notation on February 22nd, appellant's reply brief was filed. As of February 23rd, it says the case is now fully briefed.



From government site at link above.

ETA.. cross-posted with truth be known

 

[truthbeknown]

I got an email from my Victim's Service Rep. He said Chris has a year to file an appeal on the federal level.

 

[heartgoesout]

So I understand correctly, he is appealing for a whole new trial or appealing his sentence?