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RECENT APPELLATE, POST-CONVICTION AND SENTENCING NEWS FROM OUR CASES

September 1, 2016 - Court Vacates 100 Year Sentence Based on State Habeas (3.850 Motion)

September 1, 2016, after a hearing on Mr. Kent's 3.850 motion for client J. T., noted below, J. T. was released September 1, 2016.  The Court vacated the 100 year (one hundred year) sentence of imprisonment that had been imposed for violation of his sex offender probation.  Here is a photo (with the client's permission) of J. T. just after he had been released. July 26, 2016 the State had conceded in the course of negotiations after Mr. Kent filed a state habeas (3.850 motion) that J.T., was entitled to immediate release (subject to J.T. appearing before the court and accepting a modification of the terms of his probation to include a five year extension of the term of probation).  This concession was made in response to Mr. Kent's 3.850 motion filed on behalf of his client, J.T., which challenged his 100 year prison sentence for violation of sex offender probation.  The violation had been based on an allegation that J.T. was not in compliance with the terms of his electronic monitor condition.  There had been a prior direct appeal (by other counsel, not Mr. Kent) which had affirmed the revocation of probation and 100 year sentence.  Mr. Kent challenged the case on ex post facto grounds arguing that J. T. was never legally subjected to the electronic monitor order.  Below is a photo made of J.T. moments after he walked out of custody, a free man for the first time since ordered to serve a 100 year prison sentence.

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Ryan McFarland