Legal Question in Criminal Law in South Dakota
Coram Nobis - Retroactive Laws
If a person is sentenced for a crime and the legislature changes the sentencing guidelines making the time for incarceration possibly less than he was sentenced for, could he file a writ of Coram Nobis and make the law retroactive changing his sentence less?
Asked on 6/21/08, 2:17 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Coram Nobis - Retroactive Laws
Changes to the law -- including changes to sentencing laws -- are only retroactive if the Legislature so intends. This intent can be expressed in the text of the new law or in other ways. Filing a writ petition will not make a change retroactive if the Legislature did not want it to be.
The Legislature seldom reduces criminal sentences, and even when it does it rarely makes such changes retroactive.
Answered on 6/21/08, 4:03 pm
Related Questions & Answers
-
Using a fake name and old address I was wondering if it is illegal to use an old... Asked 1/08/08, 10:15 am in United States South Dakota Criminal Law
-
Warrants I have a friend who went to court for DUI 2 years ago. She was given a... Asked 12/13/07, 3:00 pm in United States South Dakota Criminal Law
-
1st Degree Rape A friend of mine has been charged with 1st degree rape and is... Asked 11/29/07, 4:51 pm in United States South Dakota Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
