Sentencing/Post Conviction

4018 ABA Journal Sentencing/Post Conviction articles.

Precedent Favors State in Teen-Sex Case

The youth whose 10-year sentence for consensual oral sex was tossed out may face an uphill battle on appeal.

A Georgia judge granted a…

Court to Consider Cocaine Sentences

The U.S Supreme Court has agreed to decide whether federal judges may depart from guidelines to correct disparities in sentencing for crack and powder cocaine.

Many federal judges have been ignoring guidelines that impose heavier sentences for possession of crack cocaine, Linda Greenhouse of the New York Times reports. Federal appeals courts are divided on the issue.

The justices selected an appeal by prosecutors seeking a higher sentence for Derrick Kimbrough, a veteran from Norfolk, Va. The federal sentencing guidelines called for a sentence of 19 to 22 years in prison for Kimbrough’s crime, possessing and distributing more than 50 grams of crack.

A federal judge called that sentence “ridiculous” and refused to impose it.

10-Year Teen Oral Sex Sentence Axed

A controversial 10-year mandatory prison sentence has been thrown out, in a case involving what has been described as consensual oral sex between a 15-year-old girl and a 17-year-old Georgia…

New Trial Due to Judge’s Plea Comment

A federal judge who suggested that he might sentence a defendant to even less time than the prosecution was offering in a plea bargain had good intentions but made a…

Judge Tweaks Law Profs for Libby

A federal judge’s footnote added a bit of commentary when he granted a bid by a group of law professors to submit a brief on behalf of I. Lewis “Scooter”…

New Argument: Beware of Bloggers

Lawyers for I. Lewis “Scooter” Libby Jr. argued against release of letters in his support on the ground that the authors would be subjected to ridicule on the Internet.

Lawyers…

Lawyer Seeks New Trial in Sex-Cash Case

A Texas lawyer will seek a new trial following his theft conviction for pressuring men for money after they had sex with his wife, who is also a lawyer.

San Antonio lawyer Ted Roberts will argue in his new trial motion that the charges proved by prosecutors did not match those in the indictment, Texas Lawyer reports.

Last week Roberts was sentenced to five years in prison for the crime.

Lifetime Internet Ban Overturned

A federal appeals court has overturned a lifetime ban on Internet use imposed on a man who pleaded guilty to receiving child pornography.

The 3rd U.S. Circuit Court of Appeals based in Philadelphia ruled the sentence violated a statute that requires post-prison restrictions on defendants to be narrowly tailored, the Legal Intelligencer reports.

Doubt and DNA

In a Case About New Evidence, High Court Looks to the Future of Innocence Claims

A Parent in Prison

States Slowly Beginning to Help Inmates’ Children and Advocates Say its Overdue

Open-Booker Test

In Bids for Resentencing, White-Collar Criminals Want Review of Loss Figures

Evidence and Doubt

High Court Will Weigh Those Issues in Capital and Search Cases This Term

Battle of the Expert

A Forensic Pathologist Successfully Fights Criminal Charges Stemming From His Testimony in a Shaken Baby Case

Inching Away From Death?

Ineffective-Assistance Rulings Show High Court Wary of Lawyering in Capital Cases

The Bible Tells Them So

Making Biblical References at Trial May Be Grounds for Revers

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