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Sentencing

11,938 published works

  1. Supreme Court Update

    Vega v. Tekoh (No. 21-499), Nance v. Ward (No. 21-439)

    By Tadhg Dooley, David R. Roth

    While the world continued to react Friday’s decision in Dobbs, The Nine were back this morning with three more: In Kennedy v. Bremerton School District (No. 21-418), a 6-3 Court…

  2. Sentencing Law and Policy

    SCOTUS ruling in <em>Concepcion</em>, while addressing crack cases, should also resolve circuit split on compassionate release factors

    By Douglas Berman

    There are many notable aspects to the Supreme Court's work this morning in Concepcion v. US, No. 20-1650 (S. Ct. June 27, 2022) (available here).  The votes alone could justify…

  3. Sentencing Law and Policy

    Via 5-4 ruling, Supreme Court stresses broad sentencing discretion in crack resentencing case <em>Concepcion</em>

    By Douglas Berman

    In a 5-4 decision, with a somewhat surprising group of Justices in the majority, the Supreme Court this morning in Concepcion v. US, No. 20-1650 (S. Ct. June 27, 2022)…

  4. On Point

    Sentence after probation revocation may run consecutive to other sentences

    By Wisconsin State Public Defender

    State v. Ricky Rodriguez, 2021AP2053-Cr, 6/14/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs) Rodriguez was convicted of two misdemeanors and placed on probation in early 2017.…

  5. Sentencing Law and Policy

    Nothing for sentencing fans as SCOTUS resolves six more cases (and increases end of Term drama)

    By Douglas Berman

    With its usual end-of-Term rush, the Supreme Court issued five more opinions and a dismissal (DIG) this morning.  But no blockbusters or sentencing rulings were among the cases resolved today,…

  6. Sentencing Law and Policy

    Any (spicy?) speculations about why SCOTUS has not yet decided <em>Taylor</em> or <em>Conception</em>, two little sentencing cases?

    By Douglas Berman

    The Supreme Court this morning handed down an order list and five new opinions (partially blogged here and here).  Though the Court issued a number of opinions on criminal (or…

  7. On Point

    Need to make immediate correction to illegal sentence wasn’t a new factor

    By Wisconsin State Public Defender

    State v. Jimmie L. Blount, 2021AP1943-CR, District 2, 6/8/22 (one-judge decision; ineligible for publication); case activity (including briefs) At one sentencing hearing on two different cases, the circuit court imposed…

  8. On Point

    Lower BAC result wasn’t a new factor meriting sentencing modification

    By Wisconsin State Public Defender

    State v. Rebecca Sue Ferraro, 2021AP1654-CR, District 2, 6/8/22 (one-judge decision; ineligible for publication); case activity (including briefs) Ferraro pled to and was sentenced for OWI, third offense, before the…

  9. Sentencing Law and Policy

    Senate conducts hearing for nominees for US Sentencing Commission

    By Douglas Berman

    Four weeks ago, as discussed here, Prez Biden finally made nominations to the US Sentencing Commission.  Due to a lack of commissioners, the US Sentencing Commission has lacked a quorum…

  10. Law Times News

    LSO tribunal considers Indigenous background in sentencing lawyer for misappropriation of funds

    By Law Times News

    First misappropriation case where unique circumstances led to lesser penalty than license revocation