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19 1/2 years |
 Clarky with his sister and cousins |
Convicted in 1998 doing 19 1/2 years. He was entrapped by his best friend, a well paid informant. He was not formally arrested and arraigned for 20 months after his first detainment. He was not brought up on charges until after they saw that they could not get him to become an informant as well.
Oh yes, my son filled his 2255 and his sentencing judge did acknowledge the errors and discrepancies in his case. My son was able to use his own citation from another case on his own behalf. The other case Davis v U.s. was case like my sons but her delay in being formally arraigned was only for 2-3 months opposed to my son's 609 days pre-indictment delay, see Gerstein v. Pugh. Well anyway her attorneys used my son's arguments and won her freedom. Where we had gone wrong was we argued that this was a speedy trial violation and it is a 4th amendment violation. This time he used the right arguments we had four strong arguments. The judge gave the prosecution until the 14th of August to challenge these arguments. So we will have to wait and see.
God Bless all of you,
Ann Estis
Mother of John Clark POWD
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