Topic

Clemency

124 petitions

Update posted 12 hours ago

Petition to Jerry Brown, California Governor

Reduce my son's unjust sentence

My son Jeremy Stewart has been given 70 years in prison for stealing. He was convicted of burglarizing two homes while the residents were out. There was no confrontation, no threats, and no violence. California has the toughest Three strikes law allowing life sentences for property theft. My son had two prior nonviolent offenses, the judge made the decision to enforce the law to the fullest. I have been fighting for a fairer punishment ever since. Under previous California law, Jeremy would have most likely been sentenced to about 12-15 years in prison. But because of California's 3 Strikes law, Jeremy received a harsher sentence than drug cartel hit men who had confessed to killing more than 20 people. They only got 25-years-to-life. Jeremy's poor decisions were made while he was dealing with a serious drug addiction and depression. He needed treatment and rehabilitation.This doesn't excuse his conduct and he knows he needs to face consequences for his actions. But 70 years to life with no good time credits allowed, means he won't be eligible for parole until he is 96. The cost, 5 million dollars to taxpayers. This is an unjust and  inhumane death sentence, all for nonviolent offense. Jeremy is not the only one being punished -- I am raising his two children in his absence. Every day, these innocent young children suffer emotionally missing their father. I struggle financially working to afford day care and their basic needs.This unjust sentence means his children will never be able share the same four walls as their father. He should have an opportunity to earn the right to return home to provide for his two young children, Heatherly and David, currently ages 5 and 6. Today Jeremy is serving his sentence at Centenila State Prison. He tutors other inmates, leads the Christian worship services and the Narcotics Anonymous group. He currently has a 4.0 GPA through Coastline College and will soon be graduating, just 4 more classes to go. He has been a model prisoner. Jeremy made a terrible mistake, but should a nonviolent crime put him behind bars for life?  A Petition for Clemency has been sent to Governor Edmund G. (Jerry) Brown to exercise his discretion and reduce Jeremy's sentence. I am asking the Governor to reduce his sentence to 20 years. I humbly and respectfully request your support. Please sign my petition and stand by me and my family as we fight to give Jeremy the chance to come home one day. Thank you. Elizabeth Stewart

Elizabeth stewart
55,596 supporters
Update posted 5 days ago

Petition to Barack Obama

GRANT FELIX WALLS an EXECUTIVE CLEMENCY

Oct 30, 2015 — Petition For Commutation of Sentence/Clemency TO : The President of the United States The undersigned petitioner, Felix Walls, Reg. No. 02414112, date of birth January 19, 1942, a United States citizen, who has no prior filing of said petition, being a federal prisoner; convicted for a violation of 21 U.S.C. 841 and 846 in the United States District Court for the Eastern District of Michigan sentenced to life imprisonment on February 3, 2003, on a plea of not guilty. Having sought review by the Supreme Court prays for commutation of sentence and/or clemency and in support of my petition I ask that you please take into consideration the fact that this petition also falls under the “Compassionate Release’ as I am a senior citizen with deteriorating health, I can barely move around and barely see at times. I have done over 20 years of imprisonment and such time has been served for a non violent offense. Further, I have a biological daughter who is in desperate need of a kidney donor. I, as her biological father may very well a potential donor for her. I ask that it is taken into consideration that I may very well be her only chance for being a match for her. Further, in support there of the petition I state as follows; All Subsequent Indictments are in clear violation of the Speedy Trial Act. The delay between the arrest and each superseding trial is in clear violation of the Speedy Trial Act. Had the supeserseding indictments been timely made (though they were not ) they are defective as a superseding indictment may narrow, but not broaden, the charges made in the original indictment. See 18 U.S.C. §§ 3288-3289; United States v. Miller, 471 U.S. 130 (1985) The complaint that resulted in the petitioner’s arrest contains a charge not contained in the original indictment but added in a superseding indictment, which is not filed within thirty days of the original complaint; the charge is subject to dismissal. See 8 U.S.C. §§ 3161(b),3162(a)(1) The original criminal indictment is a fatal, defect, the original indictment does not pass constitutional muster, an indictment “must allege lucidly and accurately all the essential elements of the [crime] . . . charged.” The original indictment failed to meet this requirement, it suffers from a fatal defect and cannot support a conviction. Fatal defects in indictments are jurisdictional, and may be raised at any time. Further the indictment failed to allege drug amounts or penalty statutes, in violation of Apprendi v. New Jersey ,530 U.S. 466 (2000). See also FRCP Rule 7©(1). See Also U.S. v Landham, 251 F.3d 1072, 1082 (2001) Any factor other than conviction that increases the Defendant sentence must be determined by a jury. See Apprendi v New Jersey, 530 U.S. 466 (2000)* this includes the constitutionality of any prior convictions See Tucker, 404 U.S. 443 The petitioner’s “valued right to have his trial completed by a particular tribunal” is within the protection of the constitutional guarantee against double jeopardy, since it is that “right” that lies at the foundation of the federal rule that jeopardy attaches when the jury is empanelled and sworn. United States v. Martin Linen Supply Co. Also, The Double Jeopardy Clause protects a criminal defendant from multiple successive prosecutions for the same offense that arise from prosecutorial overreaching engaged in with the deliberate intent of depriving him of having his trial completed by a particular tribunal or prejudicing the possibility of an acquittal that the prosecutor believed likely . Double Jeopardy as well as collateral estoppel precluded further institution of charges as well as successive punishment. An accused may not be sentenced on the basis of materially false assumptions or misinformation, but must be based upon reliable and accurate information. See Townsend v Burke, 334 U.S. 736, see also Morrisry v Brewer, 408 U.S. 471 (1972). CERTIFICATION AND PERSONAL OATH I hereby certify that to the best of my knowledge, information and belief that the information as provided above and contained herein is true and correct. I understand that any intentional misstatements of material facts contained in the petition may cause an adverse action and may subject me to penalties, criminal and/or civil.

Phyllis Bell
579 supporters