UPDATE: In the News: Federal Prosecutors seek life-sentence in OH beard-cutting hate crime case

Published on 10 February 2013 by in Blog, In the News, News Update, Sentencing and Punishments

0

In a follow-up to the post about Bishop Samuel Mullet, a federal court sentenced the Amish man to 15 years in prison on Friday.  The US Attorney’s Office requested that Mr. Mullet serve life in prison.

For more information, go to:

http://www.npr.org/blogs/thetwo-way/2013/02/08/171503838/amish-beard-cutting-ring-leader-sentenced-to-15-years-in-prison

Continue Reading

In the News: Federal Prosecutors seek life-sentence in OH beard-cutting hate crime case

Published on 05 February 2013 by in Blog, Blog Posts, Constitutional Rights, In the News, Sentencing and Punishments

1

US attorneys are recommending a sentence of life in prison for Samuel Mullet.  Mullet is an Amish bishop convicted of conspiracy and federal hate crimes after a string of attacks in which Amish individuals had their hair and beards cut with shears against their will.  Mullet’s attorney, Edward Bryan is advocating for a sentence that calls for two years of incarceration.  In his sentencing memorandum, Attorney Bryan noted that “[n]on-drug federal life sentences are thus typically reserved for the most heinous of crimes involving murder.”  The sentencing hearing is scheduled for Friday, February 8th.

For more information, go to:

http://www.post-gazette.com/stories/local/region/prosecutors-seek-life-sentence-in-amish-beard-cutting-case-673488/

http://www.cleveland.com/metro/index.ssf/2013/02/sam_mullet_lawyer_asks_for_len.html

http://www.thedaily.com/article/2012/12/03/120312-news-amish-bishop-exclusive

http://www.wkyc.com/assetpool/documents/130205120650_Sentencing%20Recommendation.pdf

http://www.thestate.com/2013/02/01/2614897_leader-of-amish-group-in-ohio.html

http://www.wkyc.com/news/article/281942/3/Fellow-Amish-want-life-in-prison-for-Sam-Mullet

Continue Reading

In the News: PA police officer rejected from ARD

Published on 09 January 2009 by in ARD, DUI, Police Misconduct

0
Officer Gary D.S. Utter was denied acceptance into the ARD program in York County. District Attorney Stan Rebert attributes the rejection to “the circumstances of the case.” Although Utter is a first-time offender, he is accused of crashing his patrol car after becoming intoxicated while on duty. Officer Utter’s attorney, Harry Ness, is appealing the D.A.’s decision to deny Utter’s entry into ARD.

For more information, go to:

http://ydr.inyork.com/ci_11387320?source=rss

Continue Reading

In the News: McCain campaign worker to enter ARD

Published on 30 October 2008 by in ARD, High Profile Cases

0
Ashley Todd, the McCain campaign worker who fabricated the story of being robbed and having the letter “B” carved into her face, has waived her case to the Court of Common Pleas and will enter the Allegheny County ARD program. ARD is a program, usually associated with DUI charges, for first time offenders that permits them to have their criminal records expunged after successfully completing the terms of the program.

Todd, who was charged with False Reports(False Swearing), was set to be released on a non-monetary bond.

For more information on the Ashley Todd case, go to:

http://www.post-gazette.com/pg/08299/922849-53.stm
http://www.post-gazette.com/pg/08304/924065-100.stm

Continue Reading

Case Summary: Commonwealth v. Love

Published on 02 October 2008 by in ARD, Case Law Summaries, DUI, Repeat Offender

0


Commonwealth v. Love 2008 PA Super 218

Topic: Repeat Offender-DUI

Brief Legal Summary: For the purposes of 3804(b)(2), ARD is considered a conviction on the date of acceptance.

Case Summary: Appellant William Joseph Love was convicted of DUI and sentenced as a repeat offender under 75 Pa.C.S.A. § 3806(b).


Love was arrested and charged with DUI in February 2006. He was accepted into the ARD program in June 2006. In September 2006, Love was arrested and charged with a second DUI. Love was removed from the ARD program in March 2007. In September 2007, Love was found guilty of the September 2006 DUI. Love entered a guilty plea to the February 2006 DUI. Love was sentenced on his September 2006 DUI in November 2007 as a repeat offender.


According to 75 Pa.C.S.A. § 3806, a defendant who is convicted of a second or subsequent DUI within a ten year period is subject to an stricter punishment. The trial court reasoned that under 75 Pa.C.S.A. § 3806(a)(1) and (b)(1), Love’s first DUI, which resulted in his acceptance into ARD, was considered a conviction as of the date he was accepted into ARD. On appeal, Love argued that the trial court erred in considering his ARD a conviction as of the date he was first accepted into the program rather than the date he entered his guilty plea for that offense.

The Superior Court concluded:

For the purposes of 75 Pa.C.S.A. § 3806(b), a DUI which results in the acceptance into an ARD program is considered a conviction as of the date the defendant is accepted into the ARD program. Simply put, acceptance, not fulfillment, triggers the repeat offender provision.


http://origin-www.aopc.org/OpPosting/Superior/out/S43032_08.pdf

Continue Reading