Friday, September 7, 2012

California: Nunez Commutation is Back!

CBS News reports that a Sacramento County judge "will hear arguments Friday over whether former Gov. Arnold Schwarzenegger violated California law when he cut the manslaughter sentence for the son of a political ally just hours before he left office last year." The lawsuit claims that Schwarzenegger "violated voter-approved Marsy's Law because he did not notify the victims' families or the district attorney who prosecuted the case that he was cutting the sentence of Esteban Nunez from 16 years to seven."  The State's attorney general office has sought to have the case thrown out "several times," because it holds that the law does not apply to a governor's clemency power. In October, the currrent governor, Jerry Brown, signed a bill that requires the governor to give at least 10 days' notice to the district attorney in the jurisdiction where the crime occurred before acting on an application for clemency. See full story here.

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