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FAYETTEVILLE, N.C. (AP) – North Carolina’s highest court, speaking through Presiding Superior Court Judge Gerald B. LeRoy, has denied a release from jail to an inmate who served a sentence for attempted murder but could not be found guilty of the murder. The Court of Appeals denied a writ of habeas corpus Thursday to 66-year-old Jose Gonzales. The Supreme Court denied the application of Gonzales’ attorneys, including former state appellate defender Rob Meguiar. The case got its start when Gonzales was imprisoned in July 2006 for some $1,000 worth of bad checks.
The North Carolina Supreme Court denied Gonzales a new trial after an appeal from the Superior Court.
The decision comes at a time when the state Supreme Court has expanded the number of potential cases in which inmates have been granted a new trial. Gonzales first became eligible last May, when the appellate courts struck down the sentence for forgery. The case involved a check casher who wrote a $400 check to Gonzales, who immediately presented it to a department store for purchase. The store closed the account, and Gonzales returned the check. He later confessed to the store owner that he had stolen the cash from a business.
Gonzales served a five-year prison sentence for forgery. But the appellate courts later ruled that the trial court had erred by allowing the store owner to put on evidence of Gonzales’ confession. The justices said he shouldn’t have been allowed to testify about the confession because the judge didn’t properly explain the consequences of a criminal defendant choosing to testify. The case was remanded back to Superior Court. After a second trial, Gonzales was not found guilty of murder.
The Supreme Court said the Superior Court’s ruling was reasonable, and the state supreme court refused to interfere with it.
In their decision, the justices said that they could not overturn a ruling from the Superior Court without clear and convincing evidence that the trial court had committed a mistake that would, in effect, result in a miscarriage of justice.
Kendra Crouse, who represented Gonzales at trial, said the lack of proof was troubling. She said the best scenario for Gonzales would be for the murder charge to be dismissed, and the case to be remanded back to the trial court for a new trial on the forgery charge. That way, Crouse said, Gonzales would still serve time in prison, but he wouldn’t have to serve any additional time for murder.
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To understand fully the causes of the arctic ocean situation it is important to consider the physical characteristics of that ocean.. If we remember that this mass of water is about seven and a half times the volume of the world’s oceans, the importance of understanding the nature of the arctic… becomes apparent..
If we focus on the projection of the earth’s surface area on the globe in the northern hemisphere we find that 1 of this area is covered by the polar land regions of the globe and 34% by land and.
The arctic ocean is a relatively shallow body of water,..,where the average depth is about 1,000 feet. This allows rapid interchange of water masses and, given the potential for major climate change in the central arctic basin,.It also makes it extremely difficult to get proper measurements of arctic.
he cause of this problem is found in the length of its meridional extent, due to which the arctic sea â€” unlike the tropical seas – has a very narrow basin potential, due to the combination of… peak toroidal rotation with the distribution of sediments and the presence of the North Magnetic Pole.
Regardless of these variables the arctic sea has a very distinct habitat that. underlies its extreme instability.. The shallowness of the sea, combined with the paucity of large-scale storm systems in this region,.. ensures that the