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Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence
Loaded on Dec. 1, 2024
by Sam Rutherford
published in Criminal Legal News
December, 2024, page 45
Filed under:
Sentencing Goals/Purposes/Practices.
Location:
Washington.
by Sam Rutherford
The Supreme Court of Washington held that a defendant’s judgment and sentence was facially invalid and thus exempt from the one-year time limit for seeking postconviction relief where it included several “washed out” prior juvenile offenses in the offender score calculation which in turn resulted in an ...
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More from this issue:
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- Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need, by Sam Rutherford
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- Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged, by Sam Rutherford
- Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial, by Sam Rutherford
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More from Sam Rutherford:
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- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
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- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
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More from these topics:
- Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, Oct. 1, 2024. Sentencing Goals/Purposes/Practices, Breach of Plea/Coop./Immunity Agreements, Breach of trust, Plea Agreements/Guilty Pleas.
- First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence, Sept. 1, 2024. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Plea Agreements/Guilty Pleas.
- Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’, Sept. 1, 2023. Sentencing Goals/Purposes/Practices, Protected Persons, Sentence Enhancements/Departures.
- Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility, Sept. 15, 2021. First Step Act, Sentencing Goals/Purposes/Practices.
- Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only, March 15, 2021. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Sentence of Probation.
- Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing, July 15, 2020. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices.
- Smith v. Stegall, No. 02-2441 (6th Cir.) (385 F.3d 993) (August 4, 2004) (Judge Ronald Lee Gilman), Nov. 1, 2004. Punch And Jurists, Sentencing Goals/Purposes/Practices.
- U.S. v. Redemann, No. 03-CR-71 (E.D.Wisc.) (295 F.Supp.2d 887) (December 4, 2003) (Judge Lynn S. Adelman), Feb. 1, 2004. Punch And Jurists, Sentencing Goals/Purposes/Practices.
- U.S. v. Snyder, No. 00-1043 (1st Cir.) (235 F.3d 42) (December 21, 2000) (Judge Sandra L. Lynch), Feb. 1, 2001. Punch And Jurists, Sentencing Goals/Purposes/Practices.
- U.S. v. Brown, No. 99-6152 (11th Cir.) (224 F.3d 1237) (August 18, 2000) (Judge Charles R. Wilson), Oct. 1, 2000. Punch And Jurists, Sentencing Goals/Purposes/Practices.