Yes, since the jury gave the probation in the first place. The judge could not have placed him on probation, without the jury's prior probation verdict. Judge Lovett was the judge at the first hearing that said he would consider him for shock probation. Judge Clifford just finished what Judge Lovett had started. Anyone who gets upset about this, needs to remember that Lovett is the one that opened the door for the shock probation.<quoted text>
probation was the jury's decision. because of a ruling that a deadly weapon (reckless use of a vehicle) was used, only a jury -- not a judge -- could give probation.
later, the judge revoked probation, and the question is can a judge put him back on probation (because of the deadly weapon finding).
District Attorney Gary Young said this week he will oppose a bid by Cody Posey, 22, for release on 'shock probation' after spending only 22 days in the state prison system.
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#61 Jan 31, 2009
#62 Jan 31, 2009
give a brother a break
#64 Apr 19, 2010
What is shock probation? I have never heard of it.
#65 Apr 19, 2010
I think it's when they throw you in jail for a few days to try to "shock" or scare you into never wanting to go back.
#66 Apr 20, 2010
Wrong. Lovett had nothing to do with the shock probation. Posey was arrested for drunk driving and giving alcohol to minors. He was on probation and that was a violation so it was revolked and he was sent to prison. Eric Clifford decided to go let him back out after 22 days and put him on "shock probation". The appeals court ruled that Clifford had no right to do that and Posey was ordered back to prison. Since Clifford obviously has some type of personel interest in this and since Posey is related to BJ McCoy, he has remained free although he's supposed to be in prison.
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