RealGun
Member
This sounds like a precedent that could apply to restoring the freedom to exercise the RKBA once a free man. As far as I know, the law(s) re RKBA says "felony". It does not say "a sentence of a year or less", treating a felony as if a misdemeanor.
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Court Restores Inmates' Voting Rights
From Associated Press
December 28, 2006 11:14 PM EST
SAN FRANCISCO - A state appeals court is restoring the voting rights of about 100,000 local jail inmates across the state who are serving a year or less for felony convictions.
The state said it would not appeal the decision from the 1st District Court of Appeal. The affected inmates were eligible to vote until last year, when the state disenfranchised them.
For three decades, California's secretary of state had interpreted that the state Constitution barred voting by those in state prisons and those on parole.
(ed: note that this last and the preceding paragraph conflict. Either the inmates had been restricted for three decades or were eligible except for the most recent year. I believe what the first paragraph failed to mention was that, except for one year, only those with sentences of one year or more were previously disenfranchised. The Court is now incorrectly treating a felony as a misdemeanor according to length of sentence. The State was technically correct in regard to felons, but we'll take the break. One has to wonder if the sentence imposed was correct at less than one year. It is either a felony or not. - RealGun)
The appeals court said in it's decision last week that the state wrongly changed the policy last year to include people convicted of felonies but sentenced to a year or less in a local county jail.
The League of Women Voters brought the case on behalf of three San Francisco County jail inmates.
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Like the ACLU, the League would probably shudder to think that the case could have bearing on RKBA.
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Court Restores Inmates' Voting Rights
From Associated Press
December 28, 2006 11:14 PM EST
SAN FRANCISCO - A state appeals court is restoring the voting rights of about 100,000 local jail inmates across the state who are serving a year or less for felony convictions.
The state said it would not appeal the decision from the 1st District Court of Appeal. The affected inmates were eligible to vote until last year, when the state disenfranchised them.
For three decades, California's secretary of state had interpreted that the state Constitution barred voting by those in state prisons and those on parole.
(ed: note that this last and the preceding paragraph conflict. Either the inmates had been restricted for three decades or were eligible except for the most recent year. I believe what the first paragraph failed to mention was that, except for one year, only those with sentences of one year or more were previously disenfranchised. The Court is now incorrectly treating a felony as a misdemeanor according to length of sentence. The State was technically correct in regard to felons, but we'll take the break. One has to wonder if the sentence imposed was correct at less than one year. It is either a felony or not. - RealGun)
The appeals court said in it's decision last week that the state wrongly changed the policy last year to include people convicted of felonies but sentenced to a year or less in a local county jail.
The League of Women Voters brought the case on behalf of three San Francisco County jail inmates.
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Like the ACLU, the League would probably shudder to think that the case could have bearing on RKBA.
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