And if a federal court holds that no possibility of parole is unconstitutional
for one reason or another (wouldn't be the first time the federal courts have
tampered with sentencing) then what?
Then the state could refile the charges and reopen the case. Just because the
charges have been dismissed doesn't mean they can't be refiled because the case
never went to trial.
Put the guy in Jail and through away the key.....Move on!
I thought Mitchell had until July 11th to decide if he would appeal his federal
sentence. Why drop state charges until the federal sentence is determined?
How inept can the state be in this case? The way it should have worked was he
was convicted by the Stae of Utah and the feds would then file their charges and
try the case. The state was so incompetent that they couldn't even bring him to
trial. Perhaps they should just drop the charges as to not bungle the case
Indeed, Judge Judith Atherton, who ruled that Mitchell was incompetent to stand
trial, just didn't do her job, as the federal verdict showed. Keep
in mind, the federal charges were not as severe as the state charges. Federal
prosecutors had to charge Mitchell with the crime of "taking a minor across
state lines for unlawful purposes" because that's the only federal law that
fit. If the state judge hadn't done what she did, state prosecutors could have
convicted Mitchell of the more serious charges of kidnapping, sexual assault and
burglary. Think of what Mitchell's sentence might have been if he had been
charged with the those crimes!All I can say is thank goodness for
the federal prosecutors. They made up for the weaknesses of the state judge.
Gutless wonders. I recall Joseph Paul Franklin getting a federal conviction for
"Violating Civil Rights" of the two boys that he killed. He was later
convicted in state court of Murder and sentenced to life. There is ample
precident for additional court proceedings to happen in state court. Mitchell
needs to have his day in state court also, just in case the federal case
implodes due to some appeal. It just takes courage from the courts and