Tuesday, August 12, 2014 12:00:48 AM
Is the back and forth between John Bourque's attorney and the State attorney a request initiated by John Bourque for an appeal on his recent DUI guilty finding?
If so, does the appeal ask for a new trial based on the facts John Bourque's attorney filed with the State, or does the filing ask for the guilty finding be revoked or stand, with John Bourque being set free under certain conditions?
Can the State's "answering brief" just submitted simply say "denied" to an appeal, or does a court only have that power?
It seems that the State's "answering brief" is an attempt by the State to have John Bourque accept certain conditions whereupon he will not following through with an appeal for a new trial, and if so it may include an immediant release from prison with "time spent" to satisfy the original sentence duration but the DUI guilty conviction remaining unchanged.
Would John Bourque accept an immediate release from prison that has him to accept the DUI guilty conviction to remain and forfeit any future appeal?
Guess it depends if John Bourque can determine if he will again get another DUI.
Doug
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