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Criminal Law

: SexCrimeDefender

Appeal of Sentence

By Smith Law Offices,

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From the Bangor Daily News-a little self promotion.  The sentencing in this case raises some real questions.  The judge "sentenced" the defendants on 9/27 by announcing "the numbers" that he had determined in a sentencin memorandum dated 2 days prior to the sentencing hearing.  He then filed an "amended" sentencing memorandum which apparantly changed only the date of the memorandum to the date of sentencing and adding the word "amended."  In Maine you have to ask permission of the Law Court to appeal a sentence but given that, at a minimum, the proceedure used here violated the defendant's right of allocution (right to address the judge at sentencing), I am hopeful. From the Bangor Daily News:ELLSWORTH - A man and a woman from Mount Desert Island who each were sentenced last month to serve several years in prison for rapes they committed two years ago have filed appeals...continue to full post

Full post as published by SexCrimeDefender on October 18, 2007 (boomark / email).

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