Legal Question in Criminal Law in California

Effect of Supreme Court decision

A Supreme Court decision recently said that California's sentencing laws violated the 6th Amendment. What effect does that have on people who already served maximum sentences in California and were released since their rights were violated as well? Are they entitled to any recourse or compensation?


Asked on 6/27/07, 4:20 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Effect of Supreme Court decision

No it didn't, and no they aren't. A few inmates may be entitled to seek resentencing, and possible reduction in sentence, if a judge didn't follow the guidelines in sentencing and documenting his reasons why. Consult with counsel, me if you like, if you think it applies here. To make a determination, you will have to provide me a copy of the court sentencing documents and transcript of that portion of the proceedings. Feel free to contact me to discuss the procedures and costs of doing this.

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Answered on 6/27/07, 5:31 pm
Terry A. Nelson Nelson & Lawless

Re: Effect of Supreme Court decision

No it didn't, and no they aren't. A few inmates may be entitled to seek resentencing, and possible reduction in sentence, if a judge didn't follow the guidelines in sentencing and documenting his reasons why. Consult with counsel, me if you like, if you think it applies to you or yours. To make a determination, you will have to provide me a copy of the court sentencing documents and transcript of that portion of the proceedings. Feel free to contact me to discuss the procedures and costs of doing this.

Read more
Answered on 6/27/07, 5:31 pm


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