9 results for 'cat:"Murder" AND cat:"Sentencing" AND cat:"Due Process"'.
J. Castillo finds the trial court properly denied defendant's petition for resentencing on a second degree murder conviction. He claimed his due process rights were violated because he was not present at the proceeding where his petition was denied. But he was present at a previous hearing that functioned as the statutory resentencing hearing, when the parties were able to submit additional evidence and both parties agreed to submit the matter to the trial court. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: March 27, 2024, Case #: D081369, Categories: murder, sentencing, due Process
J. Wiseman finds the trial court improperly denied defendant’s petition for resentencing from his guilty plea conviction for attempted murder. The stated factual basis demonstrates that defendant stabbed the victim with the intent to kill during a gang-related fight, though defendant did not stipulate to the factual basis or otherwise admit the truth of the facts recited by the prosecution. The trial court improperly engaged in factfinding at the prima facie stage and erred in denying defendant’s petition without issuing an order to show cause and holding an evidentiary hearing. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Wiseman, Filed On: October 25, 2023, Case #: C096982, Categories: murder, sentencing, due Process
J. Goethals finds that the trial court improperly denied defendant's petition to be resentenced on three first degree murder convictions in light of changes to felony murder and implied malice murder law. He did not waive his due process right to be present at the evidentiary hearing and is entitled to be present at a new evidentiary hearing so he may offer testimony or evidence in response to the state's presentation. Reversed.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: October 17, 2023, Case #: G061191, Categories: murder, sentencing, due Process
J. Womack finds the trial court improperly convicted defendant for murder, imposing a life sentence. Upon briefing, the Arkansas Supreme Court issued an order for a status report regarding the relevance of a conventionally filed physical disk submitted as an exhibit even though it contained no files. The parties jointly advocated remanding the case. The Arkansas Supreme Court expresses its responsibility to scrutinize the record for errors in cases resulting in life-imprisonment sentences. Remanded to settle the record.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: September 28, 2023, Case #: CR-23-1, Categories: murder, sentencing, due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Robie finds that the trial court properly relied on the record, forgoing live testimony, before denying defendant's petition for resentencing for second degree murder. She received adequate due process during the resentencing hearing, which was held to the reasonable doubt standard. Her participation in the hearing was voluntary and the hearing did not determine guilt or carry a risk of additional punishment. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: August 31, 2023, Case #: C093672, Categories: murder, sentencing, due Process
J. Lyle finds the trial court improperly denied defendant’s petition for relief from his indeterminate sentence of 200 to 600 years. His petition for relief was first made when he was 18 and on trial for the murder of a police officer during a street altercation. Defendant is now 65; the record shows that the sentencing judge did not consider later-changed youthful offender factors in determining the sentence. The appeals court notes that the sentencing court could not have predicted the future of sentencing standards for youthful offenders. Reversed and remanded.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: August 18, 2023, Case #: 1-21-1241, Categories: murder, sentencing, due Process
J. Humes finds that the trial court must revisit a resentencing request that was made by a previous district attorney and withdrawn by his replacement. Defendant is serving consecutive life sentences for attempted murder and other counts. A trial court has the discretion to end a resentencing proceeding where a district attorney provides a legitimate basis for withdrawal, but the trial court is not required to rule on the merits before allowing a request to be withdrawn. Vacated.
Court: California Courts Of Appeal, Judge: Humes, Filed On: August 4, 2023, Case #: A165925, Categories: murder, sentencing, due Process
J. Thissen affirms the district court's denial of the prisoner's motion to correct his sentence for a first-degree premeditated murder conviction. The failure to complete a sentencing worksheet for the prisoner's life sentence was not unlawful because a life sentence was mandated by minimums imposed by statute at the time of conviction. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: June 28, 2023, Case #: A22-1609, Categories: murder, sentencing, due Process