Conviction vs. No Conviction - Guilty Plea vs. No Guilty Entered

[Forest Hammond]

Jurisdiction

Louisiana

A 17 year old defendant was sentenced to life for felony murder without entering a plea of guilty, therefore constituting no Conviction. Six years later while his case was pending in the U.S. Fifth Circuit Court of Appeals after a Federal Evidentiary Hearing wherein he won his case, his sentence was commuted to time serve leaving him with a criminal record. Had he went back to state court he would have filed a motion to quash the indictment on the grounds of prescription of not having been taken to trial within three years. This man is suffering a continuous violation of his civil rights when he was never convicted, per the Federal Magistrate's statements in the transcript of the evidentiary hearing. Can I file a motion to correct illegal sentence to get back in court to litigate these issues?

 

[mightymoose]

The details of that mess are likely more than anyone will get into here.
This is something that will require legal counsel- and not the kind you will find on the Internet.

 

[army judge]

The details of that mess are likely more than anyone will get into here.
This is something that will require legal counsel- and not the kind you will find on the Internet.

With a notorious tale such as the one illustrated, criminal appellate lawyers would be all over it, like a pack of hungry wolves.

The article below elaborates on juveniles sentenced to life across the US.
The "Sentencing Project" is among the premier legal organizations that address illegal sentencing claims.
...
...
Juvenile Life Without Parole: An Overview | The Sentencing Project
...
...