The_RANDy_Corporation
04-26-2001, 12:07 AM
What's this? Someone must have left the back door open at the Supreme Court and common sence crept in!!
Notice all the 5-4 decisions.
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Court Limits Challenges by Career Criminals
By Laurie Asseo Associated Press Writer
Published: Apr 25, 2001
WASHINGTON (AP) - Criminals given enhanced, repeat-offender prison terms generally cannot challenge those sentences by attacking the validity of their earlier state convictions, the Supreme Court said Wednesday.
Issuing a pair of 5-4 rulings in cases from California and Pennsylvania, the court said defendants cannot challenge the use of prior state convictions to lengthen a sentence if they bypassed an earlier chance to appeal those convictions.
"A defendant generally has ample opportunity to obtain constitutional review of a state conviction," Justice Sandra Day O'Connor wrote for the court in the case of California defendant Earthy Daniels.
"But once the door to such review has been closed ... the conviction becomes final and the defendant is not entitled to another bite at the apple simply because that conviction is later used to enhance another sentence," she added.
Read the rest of this appealing story here (http://ap.tbo.com/ap/breaking/MGABIIJ9ZLC.html)
Notice all the 5-4 decisions.
*********************
Court Limits Challenges by Career Criminals
By Laurie Asseo Associated Press Writer
Published: Apr 25, 2001
WASHINGTON (AP) - Criminals given enhanced, repeat-offender prison terms generally cannot challenge those sentences by attacking the validity of their earlier state convictions, the Supreme Court said Wednesday.
Issuing a pair of 5-4 rulings in cases from California and Pennsylvania, the court said defendants cannot challenge the use of prior state convictions to lengthen a sentence if they bypassed an earlier chance to appeal those convictions.
"A defendant generally has ample opportunity to obtain constitutional review of a state conviction," Justice Sandra Day O'Connor wrote for the court in the case of California defendant Earthy Daniels.
"But once the door to such review has been closed ... the conviction becomes final and the defendant is not entitled to another bite at the apple simply because that conviction is later used to enhance another sentence," she added.
Read the rest of this appealing story here (http://ap.tbo.com/ap/breaking/MGABIIJ9ZLC.html)