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Sentencing

When will a stay of execution be granted?

Convicted serial killer Tommy Lynn Sells was executed last Thursday after the U.S. Supreme Court refused to issue a stay to consider his lawyers' bid for more information on the drugs that would be used to kill him. A stay of execution is a court order that...

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Counsel’s Failure to Object Cost Client Jail Time

Edwin Aguilar-Ibarra pleaded guilty to conspiracy to commit a Hobbs Act robbery and the commission of a Hobbs Act robbery and was sentenced to 87-months. Prior to his sentencing, his defense counsel failed to make timely objections to the presentence investigation...

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Important Federal Sentencing Guidelines Decision

In Rodriguez, the Eleventh Circuit Court of Appeals vacated a four-level enhancement under federal sentencing guidelines section 2B1.1(b)(2)(B), after concluding that the Government had failed to present any "reliable and specific evidence" to support its contention...

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Rules for Withdrawing a Guilty Plea after Sentencing

The Florida Supreme Court in Campbell v. State, 38 Fla. L. Weekly S727a (Fla. 2013) found that a defendant is not entitled to withdraw a plea of guilty or nolo contendere following the rendition of a sentence, based solely on the trial court's failure to formally...

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