TDCAA Community
judgment question--life without parole

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April 17, 2008, 11:24
JohnR
judgment question--life without parole
If you have a life without parole case, are you modifying the OCA judgment form so that it says life without parole rather than just life?
April 17, 2008, 13:27
JB
Do you put life with parole after half the time for 3g offenders?
April 17, 2008, 13:33
JohnR
Nope. Ok, so for LWOP, we just treat it like parole for anything else. TDCJ and BPP figure it out. For this, they figure out no parole. Got it.
April 17, 2008, 15:32
JB
Now, it is a good idea to look through the parole notices that are sent out for cases in your jurisdiction. I review those lists for several reasons.

First, I examine them to see if TDCJ is applying the correct sentence. Sometimes, they get the sentence wrong, perhaps through some improper data entry in the computer or by misreading a judgment.

Second, I look to see if the parole eligibility is correct. Sometimes, they fail to realize it is a 3g offense with a 50% time parole eligibility. Might have missed a deadly weapon finding or such.

Third, I consider whether to pull the file and write a parole protest, including supporting information like pictures or reports or statements. I only do this for cases with sentences of 20 years or more or if a victim or victim's family requests such a letter.

Fourth, if you get such a notice on a case with life without parole, then you know something has gone wrong. It isn't frequent, but even TDCJ makes mistakes. Catching those mistakes before release is much easier than after early release.

Good hunting.
April 17, 2008, 16:04
JohnR
I have found that improper parole notices usually result in an angry phone call from the victim's family. It would be nice to say, though, that we have the letter, we know it is wrong, and we are working on it when the call comes in.
April 17, 2008, 16:56
JB
Victims also now have the VINE system that gives them a phone call when an inmate is moved or will be released. Another way for them to keep a lookout.