Topic
Sentencing
11,938 published works
Sentencing Law and Policy
Rounding up a lot of interesting new news and commentary
Many days it often seems like there is just too much notable news coverage and good commentary on sentencing matters for me to keep up. Today was one of those…
Criminal
Rounding up a lot of interesting new news and commentary
Many days it often seems like there is just too much notable news coverage and good commentary on sentencing matters for me to keep up. Today was one of those…
On Point
Challenges to sentences procedurally barred
By Wisconsin State Public Defender
State v. War Nakula-Reginald Marion, 2019AP2206-CR & 2019AP2207-CR, District 1, 5/11/21 (one-judge decision; ineligible for publication); case activity (including briefs) Marion was given maximum consecutive sentences on multiple misdemeanor convictions,…
Sentencing Law and Policy
Split Mississippi appellate court upholds, against Eighth Amendment challenge, an LWOP habitual-offender sentence for marijuana possession
As report in this AP piece, the "Mississippi Court of Appeals on Tuesday upheld a life sentence for a man convicted of a marijuana possession charge because he had previous…
Criminal
Fascinating compassionate release ruling based on clear sentencing error without other means of remedy
Regular readers are likely familiar with many of my (pre-COVID) prior posts making much of the provision of the FIRST STEP Act allowing federal courts to directly reduce sentences under…
EvidenceProf Blog
Judge Finds 4 Aggravating Factors in Derek Chauvin’s Murder of George Floyd
By Colin Miller
Today, Judge Peter Cahill found four aggravating factors beyond a reasonable doubt in connection with Derek Chauvin's conviction for second degree murder based on the death of George Floyd. Those…
Sentencing Law and Policy
State judge finds four aggravating factors could support upward departure at Derek Chauvin's upcoming sentencing
As reported in this new AP piece, a "Minnesota judge has ruled that there were aggravating factors in the death of George Floyd, paving the way for the possibility of…
Sentencing Law and Policy
The Sentencing Project releases new report urging "A Second Look at Injustice"
Long-time readers know that I have long been a supporter of laws and practices that facilitate taking a second look at long sentences (see links below). I continue to be…
EvidenceProf Blog
Supreme Court of California Finds Prosecutor’s Use of Bloody, Vomit-Stained Mannequin Proper in Sentencing Phase of Murder Trial
By Colin Miller
Assume that a defendant is convicted of the first degree murder based upon fatally shooting a deputy sheriff. Would it be prosecutorial misconduct for the prosecutor during the sentencing phase…
Criminal
Fourth Circuit to review <em>en banc</em> recent panel ruling that lengthy (within-guideline) drug sentence was unreasonable
I noted in this post a few months ago the fascinating split Fourth Circuit panel ruling in US v. Freeman, No. 19-4104 (4th Cir. Mar. 30, 2021) (available here), which…