Sentencing/Post Conviction

Called for Jury Duty, Jailed Shooting Suspect Frets About New ‘Legal Troubles,’ Writes to Be Excused

Jailed on what he describes as “some very serious felony charges,” a suspect in the shooting deaths of four people at a Long Island, N.Y., pharmacy last month was worried that failing to respond to a summons for jury duty after his arrest could create more “legal troubles.” So David…

Jul 7, 2011 9:51 PM CDT

Prominent Lawyer Gets 8 Months as Her Attorney Husband Urges Court to Blame Him in Tax Case

A third-generation lawyer in a prominent Michigan legal family was sentenced to eight months yesterday in a federal tax case. Nancy Dilley, who pleaded guilty to the misdemeanor of failing to file a 2007 tax return, must also serve a year of supervised release after she completes her prison term…

Jul 7, 2011 4:54 PM CDT

Casey Anthony Sentenced to Four Years in Jail; Release Date Is Next Wednesday

Updated: A Florida judge has sentenced Casey Anthony to four years in jail for her conviction on four misdemeanor counts of lying to investigators. But credit for time served and good behavior means Anthony will soon see freedom. She will be released next Wednesday, CNN reports in a news alert.…

Jul 7, 2011 1:54 PM CDT

Casey Anthony Could Be Sentenced Today to Time Served

Casey Anthony is scheduled to be sentenced today following her conviction on Tuesday of four misdemeanor counts of lying to investigators. The maximum sentence is four years in prison, and it’s possible Anthony will be sentenced to time served, the Associated Press reports. She has already spent nearly three years…

Jul 7, 2011 11:23 AM CDT

Lawyer Suspended After 4th DWI, a Felony; Repeat Offenses Showed He Acted ‘Knowingly’

Imposing a more severe sanction than sought by the Missouri Office of Chief Disciplinary Counsel, the state supreme court has indefinitely suspended a lawyer convicted of his fourth drunken-driving offense in 11 years. While OCDC had suggested that a suspension be stayed, the court said in an en banc opinion…

Jul 6, 2011 11:20 PM CDT

Judge Rejects Willie Nelson Plea Deal That Included $500 Fine, Says Singer Got Favorable Treatment

A judge in West Texas has rejected a plea deal in which country singer Willie Nelson would have been fined $500 in exchange for his guilty plea to a misdemeanor charge of possession of drug paraphernalia. Instead, Hudspeth County Judge Becky Dean-Walker told the Associated Press, Nelson should be charged…

Jul 6, 2011 8:19 PM CDT

Defendant’s Email to Wife Wins Conviction Reversal: Because Sent to His Lawyer, It Was Privileged

An email from a husband to his wife discussing trial strategy in his criminal case has won a reversal of his conviction in a divided ruling from the Connecticut Supreme Court. Because the email was forwarded by the defendant to his attorney, it was privileged. And, although a prosecutor apparently…

Jul 6, 2011 7:18 PM CDT

Why Casey Anthony Should Be Glad She Wasn’t Tried in Federal Court

Updated: Casey Anthony should be thankful she is being sentenced in Florida state court, according to a law professor who is an authority on sentencing. Anthony was found guilty of four counts of providing false information to law enforcement, but acquitted on more serious charges of murder and manslaughter. The…

Jul 6, 2011 3:50 PM CDT

Prosecutors More Selectively Using California’s ‘Three-Strikes’ Law

Prosecutors throughout California have scaled back use of the state’s three-strikes sentences, vastly reducing the number of lifetime prison terms sought under the statute. The California Department of Corrections and Rehabilitation reports that prosecutors in Sacramento used to obtain maximum sentences 50 to 100 times a year. But the office…

Jul 5, 2011 1:07 PM CDT

Depravity Scale May Help Judges and Juries During Sentencing

Which is worse: a contract killing or a sexual homicide? The murder of a pregnant woman or a police officer? Slowly torturing somebody to death or planting a bomb designed to kill as many people as possible? These are the kinds of determinations that judges and juries are called on…

Jul 1, 2011 8:50 AM CDT

Thousands of Imprisoned Crack Cocaine Offenders Could Be Released Early Under New Sentencing Law

Federal prisoners serving crack cocaine-related sentences will be eligible for early release as a result of a U.S. Sentencing Commission decision today, the Associated Press reports. Last year, Congress passed a law that significantly lowered recommended sentences for people convicted of crack cocaine crimes to fix disparity between sentences for…

Jun 30, 2011 6:26 PM CDT

Appeals Court Says Cellphone Seizure Violated Suspect’s Fourth Amendment Rights

A federal appeals court has ruled that a defendant’s Fourth Amendment rights were violated when a policeman followed the suspect into his mother’s home and seized a cellphone containing nude photographs of a 14-year-old girl. On Monday, the Cincinnati-based 6th U.S. Circuit Court of Appeals ruled that evidence from the…

Jun 28, 2011 2:48 PM CDT

Defendant Loses Appeal Based on Judge’s ‘Go Native’ Remark

Corrected: A Native American has lost his bid for a new sentence because of the judge’s “go native” remark. The South Dakota Supreme Court said the judge’s comment, used to describe the defendant’s pattern of behavior when drinking alcohol, was “ill chosen” but there was no bias. The June 22…

Jun 28, 2011 1:28 PM CDT

Rapper Diddy Settles Decade-Old Shooting Suits for Millions

Sean “Diddy” Combs has settled with three parties shot by his former protégé Jamal “Shyne” Barrow at a New York City club in 1999. While the exact settlement terms are unknown, former Club New York owner Michael Bergos said the most seriously injured victim, Natania Reuben, who took bullet fragments…

Jun 24, 2011 5:49 PM CDT

Lindsay Lohan Showed ‘Extremely Poor Judgment,’ Can’t Party During House Arrest, Judge Rules

Accused of partying during her house arrest for shoplifting a necklace from a California store, actress Lindsay Lohan showed “extremely poor judgment” by apparently drinking and hosting a social event on the roof deck of her beachfront home earlier this month, a state court judge said yesterday. But Los Angeles…

Jun 24, 2011 10:49 AM CDT