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! :)
 
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