Court: DWI fatality sentence needs more definition
U.S. Supreme Court News
A Louisiana appellate court has ordered a state judge to add details to the sentence of a man who pleaded guilty to killing a jogger while driving drunk in October 2020.
A three-judge panel of the 3rd Circuit Court of Appeal ruled in the case of George D. McKinney Jr., who pleaded guilty last year to vehicular homicide in the death of 30-year-old Jason D. Webb, the American Press reported. The trial judge sentenced him to the maximum 30 years in prison but suspended seven years of that.
McKinney was driving fast and had crossed the center line on Old Highway 171, the Calcasieu Parish Sheriff’s Office told the newspaper on the day of the accident, Oct. 29, 2020.
The panel said it was not ruling on a claim that the trial judge failed to consider mitigating factors when he sentenced McKinney, who was a 22-year-old first offender. But it said the judge must explain how mitigating factors and aggravating factors affect the new sentence.
The appeals court also noted that the trial judge said he gave McKinney the maximum sentence to “set an example and to deter others from driving while impaired.” The court noted that it banned such a use of the maximum sentence in 2004.
The judge said McKinney must spend at least three years in prison without probation, parole or suspension. The appeal court said that wasn’t specific enough.
The judge also ordered McKinney to serve five years on supervised probation after his release from prison and to pay restitution for funeral costs, counseling for Webb’s children and any medical bills not covered by insurance.
The appellate panel said state law limits supervised probation after release to three years for someone in McKinney’s circumstances. And it said there must be a dollar amount and payment plan for restitution.
It also said the judge failed to order McKinney to participate in a court-approved substance abuse program, something that is required under state law.
Related listings
-
Iowa’s high court stops lawsuit over farm runoff pollution
U.S. Supreme Court News 06/18/2021A sharply divided Iowa Supreme Court on Friday stopped a lawsuit aimed at reducing the flow of fertilizer and hog farm waste into the state’s river and streams, finding that limiting pollution from farms was a political matter and not one for t...
-
Justices consider Harvard case on race in college admissions
U.S. Supreme Court News 06/14/2021With abortion and guns already on the agenda, the conservative-dominated Supreme Court is considering adding a third blockbuster issue — whether to ban consideration of race in college admissions. The justices could say as soon as Monday whethe...
-
Court nixes South Carolina’s lifelong sex offender registry
U.S. Supreme Court News 06/09/2021South Carolina’s Supreme Court ruled on Wednesday that a state law requiring sex offenders to register for life, without prior judicial review, is unconstitutional. In a unanimous ruling, justices wrote that “requirement that sex offender...
Our Eugene Oregon Bankruptcy Practice
Since 2005, Erin Uhlemann has helped individuals and families facing financial difficulties file for bankruptcy relief. Erin's compassion and understanding of the law have helped hundreds of Oregonians achieve a financial fresh start. She started Willamette Valley Bankruptcy to focus on helping clients with bankruptcy and debt issues in the Lane County Area. Erin understands that choosing a bankruptcy attorney who makes you feel comfortable and confident can be as difficult as deciding whether to file a bankruptcy case. Because she knows that filing bankruptcy is not something that you planned to do or look forward to doing, Erin strives to make the process as easy as possible.
Because most people facing bankruptcy do not have extra money to pay fees, Willamette Valley Bankruptcy offers low upfront fees and will work with you to set up affordable payment plans to pay attorney fees and court filing fees. Consultations are always free so that you can get the answers you need before making any sort of financial commitment. If you have questions about attorney fees and payment plans, you can call or email today to get these questions answered.