tag:blogger.com,1999:blog-8110639002933228971.post4723184240770406124..comments2024-03-26T05:12:36.612-04:00Comments on SCOV Law: PSI, PCR, OMG!Daniel Richardsonhttp://www.blogger.com/profile/14370460563783593796noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8110639002933228971.post-4600624270600969842014-07-25T08:59:36.778-04:002014-07-25T08:59:36.778-04:00Kelly, let me be the first to apologize if the ton...Kelly, let me be the first to apologize if the tone came across badly. We try to be impartial here. Most of us are defense attorneys, as you know. I believe Jeff's exact wording was "allegations of a pretty horrible act," not that it was a "horrible crime." <br /><br />In my personal opinion (which I try to keep out of my summaries as much as I can), this is a bad decision by the majority. It's an example of the "special" summary-judgment standard that gets applied to PCRs. The language is the same as other cases, but the application is markedly different. As Justice Dooley pointed out in his dissent (which should have been covered in this summary), "In particular, in deciding the prejudice question as a matter of law, the court ignored perhaps the most fundamental principle of the summary judgment standard: that the trial court must view the facts most favorably to the nonmoving party and afford that party—in this case petitioner—the benefit of all reasonable doubts and inferences." <br /><br />I further agree with you that—and feel free to correct me if I've misread your comment—petitioner was by all appearances sentenced for an aggravated sexual assault and not an L&L. Andrew Delaneyhttps://www.blogger.com/profile/05225096327264217866noreply@blogger.comtag:blogger.com,1999:blog-8110639002933228971.post-40151499091146662712014-07-24T18:09:38.181-04:002014-07-24T18:09:38.181-04:00I've become increasingly irritated with the to...I've become increasingly irritated with the tone of this blog criminal case summaries. While it may be a "horrible crime" in your book (who would argue with you?), it is undisputed that the defendant received an extreme sentence for the charge particularly given his lack of criminal record and the circumstances of the crime. Check the sentencing stats.Kelly Greennoreply@blogger.com