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Forum: In the News
Thread (Discussion): [Gainesville Sun] Plea deal that let sex offender keep address near school
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Message 152627 (In Reply to Message 152612)
Posted by orolan
on May 29, 2005 05:59 AM | Also by orolan
| Gender: Male,
Age Bracket: 40 - 49,
State: N/A,
Country: United States |
Interesting case. I am aware of a few sex offender probationers in Florida who have had various of these so-called 'mandatory' conditions waived by their sentencing judge.
The case Sieg cites, saying there is no judicial discretion, is out of a different appellate district and is not binding precedent in this area, said University of Florida law professor Chris Slobogin. "One appellate court clearly said the condition is mandatory, but that decision does not necessarily apply in this appellate district," he said.
Nope. But when an appellate court rules contrary to a previous ruling in a sister circuit, that court is supposed to certify a conflict and bounce it up to the state Supreme Court for a ruling. Apparently nobody bothered.
Also pending against Greathouse is a charge for a violation of probation regarding his going out of range of his tracking device. The charge was filed in mid-May after the judge issued his notice.
DeThomasis said he is questioning whether the GPS device was malfunctioning.
That won't be hard to prove. Those who seek out such information have found a myriad number of situations where GPS trackers were in error. Some by as much as 3,000 feet. Keep in mind also that the Fed, controller of the entire satellite system, purposely reduces the accuracy of the 'public' sytem so our enemies can't figure out just how accurate it really can be for military usage. That built-in variance has to be considered in deciding just how far a person strayed. Thing is, we don't know what it is. Because then it would be simple math for spies to know how accurate it can be;-))
So if they vacate his plea, he gets to take it to trial. Which the family doesn't want. And it will no doubt take a Supreme Court ruling on the mandatory nature of the conditions before he'll accept a withdrawal of the plea. And if the SC rules the conditions are mandatory, there are going to be thousands of invalidated plea sentences. No doubt DP1 has a few of those. Some may be near-impossible to bring to trial. Some may simply be released from supervision outright, depending on how long they've been on.
Looks like it may be time for these neighbors to jump on the national bandwagon and buy the guy out. Give him $1,000,000 for his house and I bet he'll move out into the countryside faster than the ink will dry on the closing documents:-))
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Message 152612
Introduction
Posted by admin
on May 28, 2005 11:03 PM | Also by admin
Thread
152612, admin, May 28, 2005 11:03 PM [Introduction]
152627, orolan, May 29, 2005 05:59 AM
152762, 1dadof5, May 31, 2005 04:50 PM
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