6 results for 'cat:"Murder" AND cat:"Sentencing" AND cat:"Plea"'.
J. O'Leary finds that the lower court properly denied defendant's peremptory challenge to the judge assigned to preside over his resentencing hearing. Peremptory challenges are only available prior to adjudication, and statute requires that the same judge who sentenced a defendant, including cases resolved in plea deals, preside over resentencing.
Court: California Courts Of Appeal, Judge: O'Leary, Filed On: March 15, 2024, Case #: G062526, Categories: murder, sentencing, plea
J. Garry finds that the lower court properly sentenced defendant based on his guilty plea to murder in a fatal stabbing. Although defendant's substance abuse and mental health issues constituted mitigating factors, the negotiated sentence fell below the permissible maximum. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: December 14, 2023, Case #: 112824, Categories: murder, sentencing, plea
J. Buchanan finds that the trial court erred in concluding that a plea agreement barred it from conducting a full resentencing hearing under new law, and instead conducted a partial hearing that struck a one-year prior prison term enhancement from defendant's sentence. And if the full hearing results in a sentence reduction, the state may not back out of the plea agreement. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: December 8, 2023, Case #: D082219, Categories: murder, sentencing, plea
J. Gustafson finds that defendant — who was charged with deliberate homicide before he took a guilty plea without acknowledging his guilt — did not demonstrate a need for this court to engage in plain error review of his plea’s sufficiency. Additionally, his claim for ineffective assistance of counsel is not based in the record, so his direct appeal is inappropriate. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: October 6, 2023, Case #: DA 21-0465, Categories: murder, sentencing, plea
J. Waite finds the trial court properly denied defendant's motion to withdraw his guilty plea because the previous remand from this court was for the purpose of a limited resentencing and had affirmed his convictions, which prevented any consideration of his plea agreement. Meanwhile, the trial court made all necessary findings before it imposed consecutive sentences that were less than the maximum defendant could have received, and because he had an extensive criminal record before the heinous crimes at issue in this case - including the murder and dismemberment of his girlfriend - the sentences were not unreasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: September 29, 2023, Case #: 2023-Ohio-3595, Categories: murder, sentencing, plea
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J. Smith finds the statement of innocence made by defendant at her plea hearing did not render her guilty plea involuntary. While she claimed to have no knowledge her husband intended to kill the victim when she helped him acquire a gun, the statement was made during sentencing, at which time her plea had already been accepted by the court, and also included admissions of guilt. However, because the trial court failed to provide the required notice to defendant about the process to rebut the presumption she would have to register as a violent offender under Ohio law, the case must be remanded to allow for the proper procedure. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: July 18, 2023, Case #: 2023-Ohio-2592, Categories: murder, sentencing, plea