April 14, 2005
Another morning of interesting sentencing news
Just like yesterday, this morning's newspapers brings an array of interesting and important sentencing reports:
- This article from Washington provides a detailed and intriguing report on a "sentencing phase" jury trial convened to find facts to support an aggravated sentence following a defendant's guilty plea to second-degree murder in a child abuse case.
- This article from Utah reports on a Booker remand from the 10th Circuit, and gives particular attention to the defendant's cooperation (which, by the way, was a central feature of all the 8th Circuit's Booker work yesterday detailed here).
- This article from the New York Times about Eric Rudolph's plea deal, which took the death penalty off the table, provides food-for-thought about whether the real benefit derived from the death penalty comes from its impact on plea bargaining. TalkLeft has this interesting post about the Rudolph deal, which includes a lists of infamous defendants that will likely be sharing a federal prison with Rudolph.
April 14, 2005 at 10:07 AM | Permalink
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Good afternoon, and hope everyone is having a good day! we're getting ready to file a 2255 (our son-188 months at 22yo for a drug conspiracy), and I'm having a hard time finding cases that give a good outline of ineffective assistance claims that have been successful. Are there any? Recently? I'd appreciate any info or a pointer in the right direction. we actually have the magistrate in a hearing stating that our son was overcharged by his lawyer, and ordering counsel in a sealed order to represent our son for his appeal at no charge. Of course, the lawyer then filed an Anders brief. It's a bit confusing, but I know that ineffective assistance is one of the issues our professor will be addressing in the petition.
thank you, have a great day!
Posted by: mary | Apr 14, 2005 11:59:47 AM