GUILTY WA - Ben Eastman, 16, raped and murdered, Lewis County, 23 Jun 2018

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@Seattle1 - any updates yet on Marquez motions hearing which got cancelled on 3/20/23?

TIA! :)
 
Niner said:
Hey @Seattle1 - just going thru some oldies - any movement on this one?

TIA! :)
Click to expand...

Hi @Niner -- looks like no change since 4/7/2023.

04/07/2023 Motion Hearing
Judicial Officer
Lawler, James W
Hearing Time
09:30 AM
Cancel Reason
Stricken
Comment
7.8 Motion
 
Niner said:
Hey @Seattle1 - more than a few months - any updates on the appeal yet?

TIA! :)
Click to expand...
No change since the 4/7/23 entry:

04/07/2023 Motion Hearing
Judicial Officer
Lawler, James W
Hearing Time
09:30 AM
Cancel Reason
Stricken
Comment
7.8 Motion

Looking up CrR 7.8, there's an interesting comment submitted by a staff attorney for the WA State Court of Appeals which might explain the delay...

In the almost 50 years since adoption of CrR 7.7 and RAP Title 16, the appellate courts have cultivated an expertise in post-conviction proceedings, both legally and in case processing, while the superior courts have not. At Division III, most PRPs are given preliminary review within days of receipt, and if there appears to be any merit, the matter is internally expedited. But, in superior court, it is unfortunately common for CrR 7.8 motions to sit in a judge’s inbox for months with no action. In some instances, that inaction can persist for a year or more.

Washington State Courts - Court Rules

www.courts.wa.gov www.courts.wa.gov


Odyssey Portal - Washington Courts Online Case Search

odysseyportal.courts.wa.gov odysseyportal.courts.wa.gov
 
@Seattle1 - have a note to ask you about this case in November.

TIA if you find anything! :)
 

Case Information​

18-1-00498-21 | STATE OF WASHINGTON vs BENITO S MARQUEZ

CrR 7.8RELIEF FROM JUDGMENT OR ORDER


  • 01/09/2023 Motion Hearing
    Judicial Officer
    Lawler, James W
    Hearing Time
    09:30 AM
    Cancel Reason
    Stricken
    Comment
    7.8 Motion / Jonathon Adamson appearing via WebEx - VHR form sent to WA State Pen 7/19
  • 02/27/2023 Status Conference
    Original Type
    Status Conference
    Judicial Officer
    Lawler, James W
    Hearing Time
    01:00 PM
    Result
    Held
    Comment
    in custody @ Green Hill
  • 02/27/2023 Motion Hearing
    Judicial Officer
    Lawler, James W
  • 03/20/2023 Motion Hearing
    Judicial Officer
    Lawler, James W
    Hearing Time
    09:30 AM
    Cancel Reason
    Stricken
    Comment
    7.8 Motion
  • 04/07/2023 Motion Hearing
    Judicial Officer
    Lawler, James W
    Hearing Time
    09:30 AM
    Cancel Reason
    Stricken
    Comment
    7.8 Motion
@Niner --A Status Conference was held 2/27/23 and subsequent 7.8 Motions Hearings to 4/7/23 have each been stricken. Not sure what the status is on this "Relief of Judgement Mission" at this point.

The Motion was first filed in Lewis County on 11/22/2021 and makes serious allegations against be as a reason for relief but previous investigators said there was insufficient evidence to to support the allegations. Maybe I'll try searching the appellate site using attorney name search instead of the defendant's name and have better luck. It's not easy to have a sentence reversed -- especially on a plea deal. And Benito had a private attorney -- not a public defender.
 
Thank you @Seattle1 . I have him last on the 3/20/23 hearing date.

Guess I shall wait another few months to ask again! :)
 
@Seattle1 - anything new yet?

TIA! and an early
Happy New Year Smiley
 
@Seattle1 - just going thru some oldies...

anything new yet on Benny Marquez' appeal? Last was motions hearing on 3/20/23. TIA! :)
 

Case Information​

18-1-00498-21 | STATE OF WASHINGTON vs BENITO S MARQUEZ

Case Number
18-1-00498-21
Court
Lewis
File Date
07/02/2018
Case Type
ADL Criminal Adult
Case Status
Completed/Re-Completed

Odyssey Portal - Washington Courts Online Case Search

odysseyportal.courts.wa.gov odysseyportal.courts.wa.gov

@Niner -- there's been no change on the docket since I last checked. Per the record, a single status hearing was held on 2/27/23, and all subsequent Motion hearings scheduled after February were stricken/canceled!
 
Seattle1 said:

Case Information​

18-1-00498-21 | STATE OF WASHINGTON vs BENITO S MARQUEZ

Case Number
18-1-00498-21
Court
Lewis
File Date
07/02/2018
Case Type
ADL Criminal Adult
Case Status
Completed/Re-Completed

Odyssey Portal - Washington Courts Online Case Search

odysseyportal.courts.wa.gov odysseyportal.courts.wa.gov

@Niner -- there's been no change on the docket since I last checked. Per the record, a single status hearing was held on 2/27/23, and all subsequent Motion hearings scheduled after February were stricken/canceled!
Click to expand...

Okay - thanks for taking the time! I guess I shall check back in a couple of months or so. :)
 

Disposition Events​

11/23/2020 Disposition
Judicial Officer
Lawler, James W
Guilty
Guilty
Charge Dropped
Charge Dropped
11/23/2020 Felony Judgment and Sentence
Felony Judgment and Sentence
Felony Judgment and Sentence
Confinement
Type: Prison
Agency: Department of Corrections
Effective Date: 11/23/2020
Term: 320 Months
Comment: 36 Months Community Custody
Restitution and Other Fees
Restitution In Favor Of:
LCSO, $1,136.10
CRIME VICTIM COMPENSATION, $6,170.00
Debtor: MARQUEZ, BENITO S
Current Sentence Status:
Status: Active
Status Date: 11/23/2020
Signing Judge: Lawler, James W
Signed Date: 11/23/2020
Effective Date: 11/23/2020
Fees and Fines: $600.00

Odyssey Portal - Washington Courts Online Case Search

odysseyportal.courts.wa.gov odysseyportal.courts.wa.gov

@Niner -- nothing using alternative search.
 
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