26 results for 'cat:"Constitution" AND cat:"Sentencing"'.
J. Kitchens finds the trial court erroneously imposed a life sentence without parole after the jury in defendant's murder trial was unable to agree on a sentence. The U.S. Supreme Court decision in Miller v. Alabama bars such sentences for juvenile defendants; therefore, the case will be remanded to allow proper sentencing. Reversed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: May 9, 2024, Case #: 2023-CT-1381, Categories: constitution, Juvenile Law, sentencing
J. Kern finds that the circuit court properly entered judgment after defendant pleaded guilty to two counts of aggravated assault against a law enforcement officer. The charges arose out of an extremely dangerous high-speed chase during which defendant repeatedly fired weapons at pursuing officers. The circuit court sentenced defendant to serve two concurrent life sentences to run consecutively to sentences he was already serving for other offenses. Defendant claimed that his sentence was cruel and unusual in violation of the Eighth Amendment and was an abuse of the circuit court’s discretion. The sentence is not grossly disproportionate to the gravity of defendant's offenses and therefore did not violate the Eighth Amendment. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: May 8, 2024, Case #: 2024SD26, Categories: constitution, sentencing, Assault
J. Hoyle finds the trial court properly sentenced defendant on her guilty plea conviction for assault on a public servant. Defendant was sentenced to four years in prison after multiple violations of her terms of community supervision. She pleaded "true" to the violations, conditioned upon her appearance. She missed the first sentencing hearing, as well as the reset hearing, and the court sentenced her to 10 years in prison. Her charge is significantly more serious than offenses committed by the defendant in a cited case involving cruel and unusual punishment. Defendant's sentence is also less severe than the sentence imposed in the cited case. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00251-CR, Categories: constitution, sentencing, Assault
J. Montalvo finds that the district court properly denied defendant's petition for a writ of habeas corpus in a case in which the district court rejected defendants' claim that a life without parole sentence, imposed after he pleaded guilty to public indecency, was grossly disproportionate to his offense in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment. The sentence under Oregon’s legislatively-mandated sex offender recidivism statute was correct when factoring in defendant's criminal history. Affirmed.
Court: 9th Circuit, Judge: Montalvo, Filed On: March 27, 2024, Case #: 22-35076, Categories: constitution, sentencing, Sex Offender
J. Stranch finds the undecided nature of the constitutionality of felon-in-possession charges based on previous convictions relative to the Second Amendment prevents this court from overturning defendant's conviction for possession of a firearm. Meanwhile, the trial court erroneously applied a four-level enhancement to defendant's sentence for reckless endangerment because there was no evidence to indicate any bystander was placed in a "zone of danger" when he fired his weapon outside. Affirmed in part.
Court: 6th Circuit, Judge: Stranch, Filed On: March 18, 2024, Case #: 22-5459, Categories: constitution, Firearms, sentencing
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J. Hiland finds the circuit court properly denied defendant's petition for postconviction relief. Defendant was convicted for murder, aggravated robbery, and a firearm enhancement, receiving sentences of life, 35 years and 15 years. The 35-year sentence for aggravated robbery is within statutory guidelines and not unconstitutional. Although no written instruction deleting the life sentence option was proffered, trial counsel made a sufficient enough record to preserve the argument, and claims of ineffective assistance fail. The jury did not enter a life sentence on the aggravated-robbery charge, and there is no evidence showing a different instruction would have resulted in a different sentence. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: March 14, 2024, Case #: CR-23-354, Categories: constitution, Murder, sentencing
J. Reiber finds the trial court properly imposed a condition of release to be supervised by a responsible adult for a man with curfew conditions on charges of reckless endangerment and simple assault. He failed to raise a constitutional argument during his hearings the trial court did not have a fair opportunity to rule on specificity and clarity. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 22, 2024, Case #: 24-AP-050, Categories: constitution, sentencing, Assault
J. Budd affirms the defendant’s conviction of murder and denies his motion for a new trial, but remands his case for resentencing. There was sufficient evidence to support his conviction but it is not constitutional for him to be imprisoned for life without possibility of parole because he was only 19 at the time of the crime. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: January 11, 2024, Case #: SJC-09265, Categories: constitution, Murder, sentencing
J. Jensen finds that the district court properly entered criminal judgment after defendant was convicted of sexual assault, a class A misdemeanor, and five counts of gross sexual imposition, class A felonies. Defendant claimed that the district court relied on impermissible factors rendering his sentence illegal and that his sentence constituted cruel and unusual punishment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: December 28, 2023, Case #: 2023ND246, Categories: constitution, sentencing, Sex Offender
[Consolidated.] J. Wilkin finds the trial court made all required findings prior to ordering defendant's 11-month sentence for violation of a protective order be served consecutively to the sentence he was already serving. Furthermore, the failure by defendant's appellate counsel to obtain a copy of his presentence investigative report did not violate his constitutional rights because Ohio law requires access to the report, but does not mandate the court provide a copy. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: December 11, 2023, Case #: 2023-Ohio-4582, Categories: constitution, sentencing, Restraining Order
J. Richman finds the trial court failed to make required findings when it upheld the no-contact provision in defendant's sentence on domestic violence crimes. The provision infringed on his constitutional right to parental association and, therefore, necessitated findings it could not be accomplished by less restrictive means. Although the violent nature of defendant's crimes qualified as compelling circumstances to continue the no-contact provision involving his daughter, the court failed to consider whether remote communications would allow for contact between the parties without jeopardizing the safety of the child. Reversed.
Court: Colorado Court Of Appeals, Judge: Richman, Filed On: December 7, 2023, Case #: 2023COA117, Categories: constitution, sentencing, Due Process
J. DeWine finds the ability of a trial court to reduce the length of an arson offender's registration on Ohio's arson offender registry being tied to a recommendation by prosecutors does not violate the separation of powers doctrine. The duty to register is not a criminal sentence but attaches as a matter of law and, therefore, is within the legislative branch's authority. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: November 9, 2023, Case #: 2023-Ohio-4035, Categories: constitution, sentencing, Arson
J. Jackson-Akiwumi finds that the lower court properly sentenced the transgender defendant to 18 months in prison, below the statutory maximum of 24 months months, for violating her supervised release. The court adequately took into consideration the heightened risk of sexual assault she would face in prison. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: October 23, 2023, Case #: 22-2061, Categories: constitution, sentencing
J. Hoyle finds the trial court properly convicted defendant for attempted tampering with evidence, sentencing him to 20 years in prison after he pled “true” to enhancements for previous convictions for sexual assault and failure to register as a sex offender. Defendant’s offense is no less serious than the combination of offenses committed in a cited case, though his sentence is significantly less than the life sentence upheld in that case. It is reasonable to conclude that if the sentence in the cited case is not constitutionally disproportionate, then neither is defendant’s. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: September 1, 2023, Case #: 12-23-00067-CR, Categories: constitution, Evidence, sentencing
J. Christen finds that the district court properly ordered special conditions of supervised release. The district court did not unconstitutionally delegate its judicial authority when it ordered a specific time range for defendant's inpatient substance treatment. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: August 25, 2023, Case #: 22-10203, Categories: constitution, sentencing
[Consolidated.] J. Deters finds the Reagan Tokes Law does not violate the separation of powers doctrine. Although the Department of Rehabilitation and Corrections may extend an inmate's sentence beyond the minimum number of years imposed by the trial court, the minimum and maximum terms of the sentence are never altered once established by the trial court at the initial sentencing hearing and, therefore, the trial court maintains exclusive control over the sentencing process. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: July 26, 2023, Case #: 2023-Ohio-2535, Categories: constitution, sentencing, Due Process
J. Lindsey finds the trial court's re-sentencing order subsequent to defendant's conviction of first-degree murder is constitutional. The Eighth Amendment violations defendant claims from his re-sentencing order do not apply in this case under Florida law and Florida Supreme Court precedent, and he was not entitled to re-sentencing on his homicide charge despite changes in law since his 1988 conviction entitling him to re-sentencing on related burglary and sexual battery charges. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 12, 2023, Case #: 19-0439, Categories: constitution, Murder, sentencing
J. Hicks finds that the lower court properly denied the sex offender's motion for earned time credits. The programs he completed were not designed to offer a reduced sentence based purely on inmates' behavior in prison and ignore their underlying offenses, so the court did not err by considering his crimes in making their decision not to reduce his minimum sentence. The statute regarding the implementation of the programs includes specific language about the sentencing court's right to use discretion that negates the defendant's claim that the statute mandates all prisoners who complete the programs and receive a commissioner's recommendation be awarded earned time credits. Affirmed.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: June 29, 2023, Case #: 2021-0605, Categories: constitution, sentencing, Sex Offender
J. Hamilton finds that the lower court properly convicted defendant, the former mayor of Portage, Indiana, of bribery for soliciting $13,000 in connection with the city's purchases of garbage trucks and sentenced him to 21 months in prison. Defendant's Sixth Amendment rights were not violated when the prosecution obtained emails exchanged between defendant and his attorney because the emails were seized before he was indicted, and only then did his Sixth Amendment right to counsel attached. Further, federal bribery laws apply equally to "gratuities" as well as bribes, where as in this case, the mayor received the money after the town purchased the trucks. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: June 15, 2023, Case #: 21-2986, Categories: constitution, sentencing, Bribery
J. McKinnon finds that defendant was improperly convicted of failing to register as a sex offender for a sexual assault he committed in 1994. A 2007 amendment to the Sexual or Violent Offender Registration Act that created stricter registration requirements imposes an unconstitutional ex post facto punishment for the earlier crime. Retroactive application of the amendment, which extended the registry requirement beyond the 10-year period in place at the time of conviction, imposes collateral consequences that defendant did not envision when he negotiated a guilty plea under the Act as it existed in 1994. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: June 14, 2023, Case #: DA 20-0197, Categories: constitution, sentencing, Sex Offender
J. Colloton finds a lower court properly sentenced defendant to108 months in prison for unlawful possession of a firearm as a previously convicted felon. Although defendant argues his parole officer told him his rights were restored, defendant's restored rights was his ability to vote, not to possess weapons. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 2, 2023, Case #: 22-2870, Categories: constitution, Firearms, sentencing
Per curiam, the circuit finds that the district court properly convicted defendant of receiving, distributing, and possessing child pornography. Defendant contends that only states may criminalize his conduct, but precedent holds that under the commerce clause, Congress may criminalize possession of child pornography. Meanwhile, the 13-year, below-guidelines sentence was substantively reasonable. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 22-763, Categories: constitution, sentencing, Child Pornography