Newpublius
05-05-2014, 11:21 AM
http://www.nbcnews.com/news/us-news/judge-rules-13-year-sentence-man-never-served-complete-n97301
Interesting case because the clerical error resulted in this person never serving the sentence handed down. Now, many may recall the last time we discussed a sentencing issue, with respect to the teenager who was sentenced to life for first degree murder.
Now here, you might be surprised that I stand WITH the defendant in this circumstance. In my opinion, the error is on the state, sufficient time has passed (equitable doctrine of laches), nobody was killed, the evidence of rehabilitation in the interim is noted, and he didn't flea the jurisdiction....
Interesting case because the clerical error resulted in this person never serving the sentence handed down. Now, many may recall the last time we discussed a sentencing issue, with respect to the teenager who was sentenced to life for first degree murder.
Now here, you might be surprised that I stand WITH the defendant in this circumstance. In my opinion, the error is on the state, sufficient time has passed (equitable doctrine of laches), nobody was killed, the evidence of rehabilitation in the interim is noted, and he didn't flea the jurisdiction....