Sentencing and beyond- JA General Discussion #9

What "new" evidence?
New evid
I was going to ask that too??!!

any links to that @Midnight Rambler?
Post-conviction relief:
• Is a process for raising an issue unknown at trial or for some reason not available at trial;
• Provides a formal setting for the defendant to establish facts underlying a claim for relief when those facts have not been previously shown in court, and
• Provides a formal setting to eliminate confusion and avoid repetitious and successive applications for relief while protecting the Petitioner's constitutional rights.
The purpose of a statute or rule providing for post-conviction relief is:
• To provide a means to question the alleged constitutional problem of a judgment or sentence, and
• To afford a simple and efficient remedy to any defendant who claims that his or her conviction was obtained by disregarding a fundamental fairness essential to the very concept of justice;
• The purpose of a post-conviction proceeding is also to determine if the trial court's judgment was clearly erroneous, and to give the trial court that made the initial determinations an opportunity to correct any irregularities that may have occurred at trial or sentencing.
 
@Midnight Rambler - I thought you were going to tell us - "what" her "new" evidence is??!! :)
The PCR itself hasn't been submitted yet. Just the notification and the ruling that it can be submitted late using updates to rule 32 that now allow it. All of the current documents are on the AZ courts website. There is another document that seems to indicate that Jodi is dropping the suit against Nurmi. And another elate to Juan asking for a transcript for some reason.
 
The PCR itself hasn't been submitted yet. Just the notification and the ruling that it can be submitted late using updates to rule 32 that now allow it. All of the current documents are on the AZ courts website. There is another document that seems to indicate that Jodi is dropping the suit against Nurmi. And another elate to Juan asking for a transcript for some reason.

Ah - I see! Do you happen to have a link the AZ court site - to see if I can access it?

TIA! :)
 
Thank you for all that! I got in & found them.

I've retired from actively looking up info on this case, any which way & from anywhere. Hopefully one of you (or someone else) will post about whatever "new" evidence she claims exists (hearty lol's on that).

And, she dropped the civil case against Nurmi? Lol on that too. First- she didn't have an actual case against him (to claw back his fictional earnings from that self published mess of an alleged book). Second- lawsuits cost money, and I imagine she's hoarding most of what's left of her fan club funds to spend on zit cream, anchovies & the like over the next 5 or so decades she'll spend in prison before dying there.
 
I've retired from actively looking up info on this case, any which way & from anywhere. Hopefully one of you (or someone else) will post about whatever "new" evidence she claims exists (hearty lol's on that).

And, she dropped the civil case against Nurmi? Lol on that too. First- she didn't have an actual case against him (to claw back his fictional earnings from that self published mess of an alleged book). Second- lawsuits cost money, and I imagine she's hoarding most of what's left of her fan club funds to spend on zit cream, anchovies & the like over the next 5 or so decades she'll spend in prison before dying there.
The PCR can be filed for reasons other than new evidence....

PCR:
Legal grounds to file a PCR include the following:
(A) There is new evidence that has been discovered that either exists or probably exists and if the evidence was known at the time of the trial it probably would have changed the verdict or sentence. (ie: newly run DNA, a new witness comes forward.)

(B) The sentence imposed exceeds the maximum allowed by law.

(C) The person has been held in custody (usually prison) after the sentence was set to expire.

(D) The defendant failed to appeal but it was not their fault (ie: no access to records in prison).

(E) There has been a change of law since the defendant’s conviction that would probably overturn the defendant’s conviction or sentence had it been tried after the inception of the new law.

(F) Ineffective assistance of counsel where the defense attorney did such a poor job in preparing the defense or a poor job at trial that but for the attorney’s poor efforts the defendant would not have been convicted.

(G) Prosecutorial misconduct: The prosecutor violated the rules to the point where the conviction was would not have occurred but for their actions.

(H) The court did not have the jurisdiction to sentence the defendant.

(I) The conviction violates a term(s) of the United States Constitution or Arizona State Constitution.
 
Jodi has filed a PCR. She skirted by the submittal time frame which is 90 days after an appeal is ruled on. She did so by using sections of rule 32 which allows late submittals if new evidence is to be submitted.
What is the implication of this? And what is a PCR?
 
The PCR can be filed for reasons other than new evidence....

PCR:
Legal grounds to file a PCR include the following:
(A) There is new evidence that has been discovered that either exists or probably exists and if the evidence was known at the time of the trial it probably would have changed the verdict or sentence. (ie: newly run DNA, a new witness comes forward.)

(B) The sentence imposed exceeds the maximum allowed by law.

(C) The person has been held in custody (usually prison) after the sentence was set to expire.

(D) The defendant failed to appeal but it was not their fault (ie: no access to records in prison).

(E) There has been a change of law since the defendant’s conviction that would probably overturn the defendant’s conviction or sentence had it been tried after the inception of the new law.

(F) Ineffective assistance of counsel where the defense attorney did such a poor job in preparing the defense or a poor job at trial that but for the attorney’s poor efforts the defendant would not have been convicted.

(G) Prosecutorial misconduct: The prosecutor violated the rules to the point where the conviction was would not have occurred but for their actions.

(H) The court did not have the jurisdiction to sentence the defendant.

(I) The conviction violates a term(s) of the United States Constitution or Arizona State Constitution.
Is this the stage which goes before Judge Stephens? Good luck with that!
 

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