GUILTY CO - Shanann Watts (34), Celeste"Cece" (3) and Bella (4), Frederick, 13 Aug 2018 *CW LWOP* #72

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borndem said:
Here is a bit more detail on the grounds for a Rule35:

2. What are the grounds for post-conviction relief?

Seven common grounds for post-conviction relief under 35(c) include
  1. The defendant was illegally convicted or sentenced;
  2. The law under which the defendant was convicted is illegal;
  3. The defendant's conduct was legal;
  4. The court did not have authority ("jurisdiction") over the case;
  5. There is new evidence of "material facts" that could not have been reasonably discovered prior to the conviction;
  6. The sentenced has already been fully served, or there has been an unlawful revocation of parole, probation, and/or conditional release; and/or
  7. Other grounds (called "collateral attacks") such as ineffective assistance of counsel or prosecutorial misconduct.
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"Post-conviction Relief" in Colorado criminal cases (Rule 35c)
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I guess it's the only piece of fruit left hanging from the tree. Ya grab whatcha can.
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I really don't see how he has a ghost of a chance. From the prosecution standpoint, there wasn't a trial. From the defense standpoint, CW had his attorneys approach the DA to try to arrange a plea deal. He stated this himself in the February interview with investigators.
 
borndem said:
Here is a bit more detail on the grounds for a Rule35:

2. What are the grounds for post-conviction relief?

Seven common grounds for post-conviction relief under 35(c) include
  1. The defendant was illegally convicted or sentenced;
  2. The law under which the defendant was convicted is illegal;
  3. The defendant's conduct was legal;
  4. The court did not have authority ("jurisdiction") over the case;
  5. There is new evidence of "material facts" that could not have been reasonably discovered prior to the conviction;
  6. The sentenced has already been fully served, or there has been an unlawful revocation of parole, probation, and/or conditional release; and/or
  7. Other grounds (called "collateral attacks") such as ineffective assistance of counsel or prosecutorial misconduct.
-------------------------------------​
"Post-conviction Relief" in Colorado criminal cases (Rule 35c)
-------------------------------------​
I guess it's the only piece of fruit left hanging from the tree. Ya grab whatcha can.
Click to expand...
If a 35(c) is successful and judgment is set aside can the person be re-tried? Or does double jeopardy apply so they’d get off scott free?
 
Poedelini said:
Maybe he will provide new evidence of NK's involvement in this now she is totally in ignore mod and he's love sunshades is wearing off.
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As the facts came out there have been so many surprises I wouldn’t be shocked to learn NK had some kind of involvement — perhaps advance knowledge or helping to cover up afterwards. But I don’t think it’s likely.

However I can easily imagine CW claiming NK was the real killer and he confessed to protect her. Of course he’d be lying but proving the lie might not be that simple.

Hopefully it wouldn’t matter since specific criteria for 35(c) new evidence says

“There is new evidence of material facts that could not have been reasonably discovered prior to the conviction”

Let’s pretend NK was involved up to her eyeballs— if that were the case clearly CW knew it from the start. He could have easily disclosed it prior to the conviction, but he didn’t.

I suppose he could say he didn’t think he’d be able to prove her involvement so saw no point in trying. Then after his conviction some damning evidence turned up that proved it. Something like NK’s personal diary is discovered and in it she admits everything. But seems to me it would take something that blatent for NK involvement to get him off the hook.

I admit I find the whole thing unsettling. People’s article re the timeline leading up to CW’s plea quotes a lawyer (who was not involved) who thinks the Defense’s case was “winnable” had CW not plead guilty. I doubt it was winnable and frankly doubt the attorney believes it either. But there are likely lawyers out there who would be all too happy to take a stab on CW’s behalf. If that happens I pray there’s not some 35(c) legal loophole that might work. Especially if double jeopardy applies preventing a retrial ( not clear to me if it would or not).

I’m not a lawyer so all of the above is MOO. I’d love for @gitana or another WS attorney to weigh in with their thoughts.

I hate this.
 
mickey2942 said:
From a happy pregnancy announcement to a shallow grave: The full timeline of the Chris Watts murder case

This article is very well written, with a lot of information I had never seen before. It was evident that the marriage was on the rocks, SW sent a lot of texts to her friends about it. And NK, wow, some pictures here show quite an eyeful...who poses in black underwear for a picture? Seriously?

I really wonder about NK's involvement...
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Good article, nothing new for me though. It makes me so said to see Shannan try to reach Chris in the texts she send him, and he just reacted cold or ignored her. Awefull.
 
Colorado303 said:
Let’s pretend NK was involved up to her eyeballs— if that were the case clearly CW knew it from the start. He could have easily disclosed it prior to the conviction, but he didn’t.
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Because he was still too much into her. When they first brought up NK he was immidiatly defensive and he didnt want her involved.
 
NuttMegg said:
It sounds to me like one of his relatives is throwing out bait for a lawyer, maybe an effort towards a modern "go fund the murderer" social media campaign. Are there enough in the cw cult to dig up 150k to get the ball rolling, or some CO attorney willing to go just for fame?

Anyway if he does get a trial poor miss "they're so leeeetle" will be rounded up.
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Completely agree. I don't believe 1 bit of any of this....... This has a a media blitz lawyer Reish for hits on his channel and Mama Watts name all over this. Just like the Jodi Arias cult!
 
Triple-Murderer Chris Watts Wishes He Would Have 'Handled Things Differently': Family Friend

There is a chance that Watts could challenge his case under a very specific law known as Rule 35c.

In the Colorado Rules of Criminal Procedure, Rule 35c provides defendants with an opportunity to challenge their conviction and sentence. Because a 35c challenge is slightly different than an appeal, a defendant can raise questions about his conviction even if he has pleaded guilty.

Under Rule 35c, Watts must either prove that there is new evidence, or that his conviction was somehow unconstitutional.
 
Omg! I’m listening to Nancy Grace’s podcast. It says Chris wants an appeal because he feels regret. SERIOUSLY?! I cannot think of even ONE appeal that wouldn’t have the exact same sentence. He is delusional. I’m sure he DOES have regret: that he lost his gf and is in prison for life. I can’t even. I’ve stayed off this thread because his details about the girls just tore me up. It would be a travesty of justice if he EVER gets out. I don’t think he ever will. Hearing how cold and cruel he was, especially with the girls, he wouldn’t think twice to do something again. He’d just be better at hiding it. Ugh!!! jmo
 
Legislation to end the death penalty in CO was brought up in state Congress last month and DID NOT PASS. So I would think if CW does somehow fanagle an appeal (or whatever a 35c is called), the death penalty could be brought back on the table. If he doesn’t slither quietly back into his hole I hope DP is brought back out and he’s sentenced to death after all.
 
pocketaccent said:
It's been about 8 months in jail/prison. It is utterly mundane in there. Narcissistic supply he craves for and necessary for his survival is dwindling, I can imagine. Those fan letters are not enough to satisfy his narcissistic hunger.

He dreamed of becoming a mentor and personal counselor to his fellow inmates. Dreamed of getting higher education for himself to fulfill his desires. Delusional thinking he was told, no doubt. And that Bible reading is growing more boring each and every day.

He now dreams of appeal. He says he snapped and killed his wife in anger, and killed his children because he was out of his mind and suffered from PTSD. I think he delusionally thinks the Innocence project people will march in to help reduce his sentence. LOL, LOL, LOL!
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He will NEVER leave a prison. Ever, IMO. The Innocence Project won’t touch this case. They are busy helping people who truly are wrongfully convicted. HOW does he not know that?

What does he claim to have PTSD over. (Sorry, I’ve been off the thread for a while.)

All jmo
 
StarEyes said:
Omg! I’m listening to Nancy Grace’s podcast. It says Chris wants an appeal because he feels regret. SERIOUSLY?! I cannot think of even ONE appeal that wouldn’t have the exact same sentence. He is delusional. I’m sure he DOES have regret: that he lost his gf and is in prison for life. I can’t even. I’ve stayed off this thread because his details about the girls just tore me up. It would be a travesty of justice if he EVER gets out. I don’t think he ever will. Hearing how cold and cruel he was, especially with the girls, he wouldn’t think twice to do something again. He’d just be better at hiding it. Ugh!!! jmo
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Im so confused, what could regret do to his sentence? Nothing! Only new evidence can shed some new light on the case.
 
Poedelini said:
Im so confused, what could regret do to his sentence? Nothing! Only new evidence can shed some new light on the case.
Click to expand...

You are 110% correct. I suppose he’s trying to play on the public’s sympathy. “Oh, what he did was horrid, BUT: he regrets it, he’s turned over a new leaf, he deserves a 2nd chance.” *gagging* I have no idea what his stupidity has come up with now. He’s truly like a machine. We know he doesn’t have true feelings/emotions. He only mirrors others and learns how to act as a “normal” person. He was cold hearted enough to look his 4yr old in the eyes and tell her he’s going to kill her. He knew she saw him kill her sister and carry her to the tank. She knew she was next. Her pleas landed on deaf ears. He’s a true threat to the public. He will always be a true threat to the public. I don’t see him ever leaving prison alive. jmo
 
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