#prosequendum

[vveedwart]

New reference of my True-sona NABU NABERIUS

[vercammen]

Wrongful death claim dismissed where no timely application for administr...

Wrongful death claim dismissed where no timely application for administration Chandler v. Kasper Defendants appealed orders denying their motion for summary judgment and allowing plaintiff to amend her complaint to correct her standing in plaintiff's wrongful death and Survivor's Act action. Decedent was hit by an automobile driven by one defendant and owned by other defendant in December 2016. Decedent died six days later. Plaintiff, decedent's daughter, filed a complaint as Administrator Ad Prosequendum just prior to the running of the statute of limitations in December 2018. The complaint alleged decedent died intestate and that plaintiff had been appointed as Administrator. The complaint asserted claims under the Survivor's Act and a wrongful death claim. Defendants argued plaintiff's claims were statutorily barred by the wrongful death and Survivors' Act statutes. Defendants filed for summary judgment in 2020 asserting plaintiff lacked standing to bring the Survivor's Act claim because letters of general administration had never been issued to her. Plaintiff filed a second amended complaint to reflect that she obtained letters of general administration in December 2020. Motion judge denied defendants' motion on the grounds of equity and noted defendants participated in arbitration and discovery for years without raising the issue. Court reversed and found the filling of the complaint prior to the establishment of the estate was a "nullity" and the Survivor's Act count had to be dismissed. https://www.law.com/njlawjournal/almI...

[marymosley]

Federal-State Sentence Interaction: Concurrent and Consecutive Sentences

When a defendant is sentenced for both state and federal crimes, things can get complicated. There are a few traps for the unwary, even when everyone (prosecutor, defendant, and judge) agrees on how the sentences will be served relative to one another.When a person faces two or more state sentences imposed at different times, the judge imposing the later sentence decides whether it runs concurrently with or consecutively to the previously imposed sentence. G.S. 15A-1354(a). A few statutes require new sentences to run consecutively to time already being served (for example habitual felon, habitual breaking and entering, and drug trafficking), but aside from those, the decision rests in the discretion of the judge conducting the later sentencing. If a judgment does not specify consecutive sentences, DACJJ will run them concurrently. Id.

Federal law is similar, but not identical. Under 18 U.S.C. § 3584, when a defendant is facing multiple terms of imprisonment—either for multiple crimes being sentenced at the same time or for a defendant already subject to an undischarged term of imprisonment—the terms may run consecutively or concurrently. Multiple terms imposed at the same time run concurrently unless the judge or a statute requires otherwise, while terms imposed at different times run consecutively unless the court orders them to run concurrently.

That’s all well and good when a person is being sentenced for multiple convictions in the same jurisdiction. But when you have a mix of state and federal sentences, additional considerations come into play.

Here’s a typical fact pattern. A defendant is arrested on a state charge and he cannot meet the conditions of pretrial release. He is then charged federally—perhaps related to the firearm used in the commission of the state offense. He is brought to federal court on a writ of habeas corpus ad prosequendum, and convicted and sentenced in federal court. When he returns to handle his state charges, you might figure that the state judge could, under G.S. 15A-1354, order the state sentence to run concurrently with the already imposed federal sentence. G.S. 15-6.3 even suggests that the judge has the express authority under North Carolina law to order the state sentence to be served in federal prison, concurrently with the previously imposed federal sentence.

Unfortunately it’s not that simple. The hang-up is the concept of primary custodial jurisdiction (sometimes referred to as “primary custody” or “primary jurisdiction”). The general rule is that the sovereign that first arrests a defendant has primary custodial jurisdiction over him or her, unless and until that sovereign releases the defendant by way of bail, dismissal, or completion of its sentence. Producing a defendant for prosecution on a writ of habeas corpus ad prosequendum does not, standing alone, relinquish the first sovereign’s custody. See United States v. Evans, 159 F.3d 908 (4th Cir. 1998) (“Rather, the state retains primary jurisdiction over the prisoner, and federal custody commences only when the state authorities relinquish the prisoner on satisfaction of the state obligation.”).

That being the case, federal authorities will, once their sentence is imposed, merely return the defendant to the state. They won’t start the clock on the federal sentence, because as far as the Federal Bureau of Prisons (BOP) is concerned the person is not yet in federal custody. Moreover, absent specific instruction from the federal judge, BOP’s default analysis under 18 U.S.C. § 3584(a) will be that sentences imposed at different times run consecutively.

There are several ways to avoid this outcome, assuming that is what the parties would like to do (which obviously will not always be the case). First, the state conditions of pretrial release could be modified to something the defendant can satisfy, or the state charges could be dismissed and then recharged. Either approach would release the defendant from primary state custody and into primary federal custody. That would allow the federal sentence to begin when it is imposed, and the state judge would have a subsequent opportunity to order a concurrent state sentence. That approach also results in the time being served in federal prison instead of state prison.

Alternatively, if the defendant remained in primary state custody, the federal judge could order that the federal sentence is to begin immediately upon imposition and run concurrently with the yet-to-be-imposed state sentence, perhaps also recommending that BOP designate state prison as the place of confinement for the federal sentence under 18 U.S.C. § 3621. (If that designation isn’t made initially, the defendant has some prospect of petitioning BOP to do it later, nunc pro tunc to the date on which the federal sentence was imposed. See, e.g., Mangum v. Hallembaek, 910 F.3d 770 (4th Cir. 2018) (a case involving a defendants request to have BOP designate an Oklahoma state prison as the place of confinement for his federal sentence).)

The authority for the federal judge to impose a federal sentence concurrent with or consecutive to an anticipated sentence is clearer now than it once was. In Setser v. United States, 566 U.S. 231 (2012), the Supreme Court held that a federal district judge can—and indeed should—make that determination. Cf. United States v. Lynn, 912 F.3d 212 (4th Cir. 2019) (allowing an exception to the requirement when the district court lacked sufficient information about the anticipated state sentence). United States Sentencing Guideline § 5G1.3, amended after Setser, requires  the court to impose a concurrent federal term if the anticipated state sentence is relevant conduct to the federal sentence—although the federal guidelines are, of course, ultimately advisory.

I haven’t covered nearly all of the wrinkles, but at a minimum you should note the importance of primary custody in determining how and where state and federal sentences will be served. And even after Setser, exercise caution when negotiating plea agreements that rely on another sovereign’s sentence being administered in a particular way.

The post Federal-State Sentence Interaction: Concurrent and Consecutive Sentences appeared first on North Carolina Criminal Law.

Federal-State Sentence Interaction: Concurrent and Consecutive Sentences published first on https://immigrationlawyerto.tumblr.com/

[vveedwart]

Lucian, the first child of the late Saklas. Fallen Archangel.

It's Shinar's favorite babygirl 🥁🥁🥁 Lucian! The most stable of the archangel siblings. He is a mule/dragon, his wings do not work for flying and are only for show.

A character for my worldbuilding project Prosequendium II

[vveedwart]

Archangel girlfriend

Micheal has a human girlfriend and they love each other very much. I love women.

[vveedwart]

Local femmes drinking tea in an alley HATE YOU!!

[vveedwart]

Masery but I barely have a grasp on perspective

[vveedwart]

The second Archangel, daughter of Saklas.

[vveedwart]

The cave unicorn

[vveedwart]

Prosequendum Elves

No one played an elf in my campaign and I've been wanting to do some spec evo work on some elves for my world! Ft. Reaver(big) and Erin (smaller) a half elf and a high elf

(Reaver is my character I played in my partners campaign)

They are decent of unicorns and a nocturnal herbivores

[vveedwart]

Hortus Spirits, Dead and Alive

I use gods/Greater Spirits interchangeably, no need to think too hard about it, just some titles people call them.

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Ferryman Leviathan:

Ruler of Death and the Ocean.

A grouchy recluse living in the depths of the oceans where the spirits of the dead reside. Takes his responsibility extremely seriously, he has an army of undead soldiers made of the sea who correct manipulations of death on the land.

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Buffalo-Bear:

Ruler of Life and the Land.

Buffalo-Bear does not engage with many people, she migrates across the land raising mountains and digging canyons with her claws and hooves. The land she tramples on her journey grows back stronger. Sometimes finding the aid of other spirits to replenish the land.

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Great Rain-Walker:

Ruler or Rain, faeries, and magic

The estranged child of Buffalo-Bear and the Ferryman Leviathan. Union of land and sea, she brings rain, lakes, and rivers to the land she walks on. Her abundance of magic was given to those deep within the forests, creating the faeries. Rain-Walker is one of the more intense and unpredictable spirits, a trait often seen in the fae.

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The Belate:

Ruler of Fire and natural progression; keeper of Time

The smallest of the greater Spirits, The Belate brings fire to the land and ensures cycles continue as they should. Thought recently she has taken up timekeeping. The Belate is in a romantic entanglement with Northern Echo 🤭 her neck guard and gauntlets were gifts from Northern Echo.

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Northern Echo:

Ruler of Wind, Cold, and the North

A spirit who has taken an intense interest in human culture, specifically music and punk cultures. She spends most of her time caring for the inhabitable North, but when it's time to bring winter she takes a small detour to engage in Shinar culture. Her outer shell is a metal with many engravings in it added by the Belate.

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Abbadon Fathomage:

Ruler of Night/Darkness; Spirit of imp beliefs

Abbadon Fathomage retuned to the depths of the earth as the war began. Only being found by imps daring to venture that far. Thought many think she simply disappeared. She helped to found Shinar and gifts her magic to the imps.

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Saklas:

Ruler of Day/light and Language and war; Spirit of Angel beliefs

[Deceased, killed by Yaldabaoth]

An intense but but curious spirit. Would often spend her days traveling the great plains, following the sun and sharing language with founding communities. She gifted her magic to angels, and had 6 children of her own. The Archangels were born from her many tails and tasked to support humanity. Her love for war and conflict definitely didn't give her kids issues, I'm sure of it...

Following her has fallen out of fashion, her followers are only really seen in cults.

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Yaldabaoth:

Ruler of lineage, fertility, and the mind; Spirit of Human beliefs

[Deceased, killed by Archangel Micheal]

Spirit followed by Humans, she did not gift them a magic. Not thinking of them worthy, thinking that their knowledge that she could teach them is more than they'd ever be deserving of. She looked down on the other spirits for gifting magic for that reason. Jealousy grew as she saw how kindly imps and Angels treated their respective spirits, she refused to change how she treated others. It ate away at her until insanity.

Following her has fallen out of fashion, her followers are only really seen in cults.

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Thank you for reading if you did, feel free to ask questions if you want I'm happy to answer!!

[vveedwart]

Saklas, god and mother of angels

[vveedwart]

Reaver & Bec

[vveedwart]

Mine and @cicaedidae ocs who r obsessed w each other (in love) but would and do kill each other for the most minimum of things

Bird spider archangel Gabriel is mine

Jackalope elf nephilim Amos is theirs

[vveedwart]

Omg hii, if you're an adult you should check out my FA

Here

[vveedwart]

HELLO

I am vveedwacker or Genesius Gold.

I focus on Worldbuilding, Xenofiction, speculative fiction, and scifi art.

I am a 22 year old self taught indigenous american. My pronouns are it/she/he/they, just use whatever!

My current projects are:

Illyan Deadeye: a spec evo project based on 70's sci-fi magazines and dragons. Found here: @illyan-deadeye

RUSTHUND: a sapphic/post apocalyptic comic about a dog and a coyote

Prosequendium II: a fake game about a speculative world where a similar city inspired by the tower of balel was built, called the Shinar Tower. Religious horror-fantasy

| commission info | Bluesky | FA (18+) | art only Tumblr |

About my tags!!

#my house posts I relate to on a personal level "my house" is my mind/me

#living things things that feel like they are truly alive, often because I get attached to machines very easily

#canidaecomp relating to being/feeling like a dog

#lego posting media and things I'm fixated on

#Ive never watched one piece media I don't know anything about but I think the post is cool

#favorite puppy my favorite posts

#Prosequendum posts relating to or remind me of Prosequendium II

#Thel Aukatrua, #Tiruts, #Ratsaven my alien specbio project that isn't my main priority

#Alternate Earth the wider spec fiction setting of RUSTHUND