April 28, 2010 at 10:30am in High Court in Edinburgh.
The motion relates to a removal of the twenty year minimum prison term of his life sentence based upon the Tender Years doctrine. Even if the court does remove the mandatory twenty years confinement provision of his life sentence it is unlikely the parole board would release him even at that 20 year mark.
Formal decision expected within three months.
NOTE: At an earlier proceeding Luke Mitchell was unrepresented by counsel and therefore the court did not formally dismiss his Nobile Officium petition but indicated they would allow him time to seek representation but that if any counsel were obtained counsel should be informed that the petition would be held to be legally insufficient and without merit. At this proceeding, Luke Mitchell was represented by counsel and so the petition was formally dismissed and the question of the 20 year minimum confinement was taken under submission.
Showing posts with label Tender Years. Show all posts
Showing posts with label Tender Years. Show all posts
Saturday, April 24, 2010
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