Transcription
Quick to Convict: Slow to Correct
It's a sad state when it takes mere days to convict, yet it takes several years to correct an error caused by the legal system.
While researching post-conviction remedies, I found out that I have two convictions for the same offence.
In 2001 I was granted relief on a Voluntary Manslaughter conviction. However in 2003 I was re-indicted for the same offence under Murder, tried, convicted and received a life sentence with parole, which superseded the vacated conviction.
However, my file is still showing the vacated conviction as if it's separate from the current conviction. I wrote to the Clerk of Courts and requested that a copy of the Nolle Prosqui be forwarded to the Department of Corrections, and it was done. I was given credit for time served on the vacated conviction, toward the new sentence as required by law; however, I was told that the vacated conviction could not be removed. I find that odd when there is a court order to vacate. Webster's definition of vacate is...to remove, to empty. So it's difficult for me to understand why it can't be removed.
I am also told I have to file a Mandamus, which will cost me about $300.00 to file. I can't understand why I need to pay the state to correct an error that is their fault.
So it leaves me with a question: why does it take days to forward documents that convict, but years to forward documents that correct?
The judicial system is clearly quick to convict and slow to correct.
Written by: Maisha Mahalia.
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