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Criminal Law : Recusal – Sentencing
Stephanie Maniscalco//May 12, 2017//
Listen to this articleWhere a defendant argued for a re-sentencing on the basis that a district court judge’s statement to a crime victim showed a lack of impartiality and might have resulted in a harsher sentence, the judgment is affirmed because the issue was not timely raised, and the statement was merely an expression of empathy and was made to encourage the victim’s participation in the criminal justice process.
Judgment is affirmed.
U.S. v. Minard (MLW No. 70511/Case No. 16-2574 – 3 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, Southern District of Iowa, Jarvey, J. (Sean Patrick Spellman, West Des Moines, Iowa, argued for appellant) (John E. Beamer, Des Moines, Iowa, argued for appellee).
Read the full text of this opinion. (PDF)
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