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Author Topic:   Hovind busted, finally
subbie
Member (Idle past 1280 days)
Posts: 3509
Joined: 02-26-2006


Message 191 of 308 (361108)
11-03-2006 12:05 PM
Reply to: Message 190 by Dr Adequate
11-03-2006 11:20 AM


Re: Defenses and post trial options
It is a defense in such cases to say that you were confused by the complexity of the tax laws.
Hard to see how this would apply to the Hovinds since, IIRC, they were visited on more than one occasion by IRS agents who told them that they had to pay.

Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin

This message is a reply to:
 Message 190 by Dr Adequate, posted 11-03-2006 11:20 AM Dr Adequate has replied

Replies to this message:
 Message 192 by Dr Adequate, posted 11-03-2006 12:14 PM subbie has not replied

subbie
Member (Idle past 1280 days)
Posts: 3509
Joined: 02-26-2006


Message 206 of 308 (377995)
01-19-2007 9:08 AM
Reply to: Message 205 by Percy
01-19-2007 8:52 AM


Re: Sentencing today:
Federal parole was abolished in 1987.

Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin
We see monsters where science shows us windmills. -- Phat

This message is a reply to:
 Message 205 by Percy, posted 01-19-2007 8:52 AM Percy has replied

Replies to this message:
 Message 207 by Percy, posted 01-19-2007 9:28 AM subbie has not replied

subbie
Member (Idle past 1280 days)
Posts: 3509
Joined: 02-26-2006


Message 226 of 308 (378130)
01-19-2007 5:11 PM


10 years +
Well, I'd bet he didn't get any points from the judge for acceptance of responsibility. From the article:
Prior to his sentencing, a tearful Kent Hovind, also known as "Dr. Dino" asked for the court’s leniency.
“If it’s just money the IRS wants, there are thousands of people out there who will help pay the money they want so I can go back out there and preach,” Hovind said.

Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin
We see monsters where science shows us windmills. -- Phat

subbie
Member (Idle past 1280 days)
Posts: 3509
Joined: 02-26-2006


Message 233 of 308 (378171)
01-19-2007 7:35 PM
Reply to: Message 228 by Percy
01-19-2007 7:04 PM


10 years, no parole. However, the "no parole" part might be just a tad misleading.
He is entitled to a reduction of 54 days from his sentence for each year of "good time" that he does: in other words, keeping his nose clean while in the joint. I suspect it's quite likely he will do that. This amounts to about a 15% credit for each year. The big difference between this and parole is that it's not early release with supervision. His jail time will be done.
I'm somewhat puzzled because the article says he's getting 10 plus 2 years parole. I suspect that it's actually probation, not parole. The purpose of the probation is to keep him under court supervision for a time after his release so that if he immediately starts to get into trouble again, they can yank his chain a bit.
His options on appeal, very broadly speaking, are two: proving that the judge made some error of law that prejudiced him in some way, or that the evidence was insufficient to support the verdict or sentence.
There's far too little information available, as far as I can find, to even guess at the likelihood of a successful challenge on appeal. About all I can do is mention that virtually all criminal cases are affirmed on appeal.
Of course, there's always clemancy. He could ask Bush, or any subsequent president, for a pardon or communtation. But, just a gut feeling, I'd say he's more likely to prevail on appeal with one of the arguments that Charley's advancing in this thread than to get clemancy.

Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin
We see monsters where science shows us windmills. -- Phat

This message is a reply to:
 Message 228 by Percy, posted 01-19-2007 7:04 PM Percy has not replied

subbie
Member (Idle past 1280 days)
Posts: 3509
Joined: 02-26-2006


Message 254 of 308 (378290)
01-20-2007 2:53 AM
Reply to: Message 252 by jar
01-20-2007 12:15 AM


Paul Andrew Mitchell
Well, I can tell from a quick perusal of his "resume" that he would need six years to become a lawyer, the first three being devoted to disabusing him of the myriad things he thinks he knows about the law that aren't so.

Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin
We see monsters where science shows us windmills. -- Phat

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 Message 252 by jar, posted 01-20-2007 12:15 AM jar has not replied

subbie
Member (Idle past 1280 days)
Posts: 3509
Joined: 02-26-2006


Message 265 of 308 (378847)
01-22-2007 12:17 AM
Reply to: Message 263 by Percy
01-21-2007 4:30 PM


Re: More News About Hovind
The sentencing description at the Pensacola News Journal says that after his prison sentence Hovind must spend three years on parole, and a couple people have wondered if they didn't really mean probation. I've now seen it reported in a couple places as parole, and if it really is parole and not probation I wonder if that is because it makes it easier to throw him back in prison for misbehavior once he gets out. Anyone know?
There is no federal parole.
From this site:
Q: Is there federal parole? How many days of “good time served” credit can you get in federal prison?
A: With the enactment of the United States Federal Sentencing Guidelines in 1987, parole was discontinued for all federal offenses committed after November 1, 1987. Instead of parole, federal offenders receive “good time.” The maximum allowable good time is 54 days per year. This means that federal prisoners now serve 85 percent of their sentences.
Federal sentences are imposed in terms of months, not years. For sentences of 12 months or less, there is no good time and the entire term of the sentence must be served. For sentences of 12 months and one day or longer, the 54 days of good time kicks in after the offender has served a full year. For longer sentences, the sentence is reduced by another 54 days every time the prisoner serves another year.
Do you recall what the sources you saw were? In my experience, mass media does a terrible job of reporting legal matters except in those few circumstances where they have an actual lawyer doing the reporting.
As far as I know, generally there's no real substantive difference between how difficult it is to get someone back to jail depending on whether it's parole or probation. The big difference, as I understand it, is that probation is normally ordered by the judge as part of the sentencing, but parole is something that's handled by the department of corrections after a person has served some portion of their sentence. There may well be differences in how each is administered depending on the jurisdiction.
As things stand now, the only federal prisoners that can be paroled are those who are doing time for offenses committed before November, 1987.

Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin
We see monsters where science shows us windmills. -- Phat

This message is a reply to:
 Message 263 by Percy, posted 01-21-2007 4:30 PM Percy has not replied

subbie
Member (Idle past 1280 days)
Posts: 3509
Joined: 02-26-2006


Message 299 of 308 (380203)
01-26-2007 5:33 PM
Reply to: Message 298 by johnfolton
01-26-2007 4:22 PM


John F. Kennedy and Kent Hovind: the real story
Much too long to cut and paste here, but this site shows that your paranoiac and nearly incoherent ramblings about JFK are hogwash. It explains what Executive Order 11,110 really did, and how it didn't really change the law at all, or give the government any power to issue certificates that it hadn't had for 30 some years.
Edited by subbie, : No reason given.

Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin
We see monsters where science shows us windmills. -- Phat

This message is a reply to:
 Message 298 by johnfolton, posted 01-26-2007 4:22 PM johnfolton has not replied

subbie
Member (Idle past 1280 days)
Posts: 3509
Joined: 02-26-2006


Message 303 of 308 (380312)
01-26-2007 11:41 PM
Reply to: Message 302 by Lysimachus
01-26-2007 11:32 PM


Re: defending Hovind...
I have not found one single point that shows just "what" makes Kent Hovind looney.
Read anything he says about creationism or evolution. Even other creos think he's nutty. Or, in this particular thread, anything he says about taxes, and his liability therefore.
Edited by subbie, : No reason given.

Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin
We see monsters where science shows us windmills. -- Phat

This message is a reply to:
 Message 302 by Lysimachus, posted 01-26-2007 11:32 PM Lysimachus has not replied

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