Tuesday, September 02, 2008

Speedy sentencing right

I saw this blog post on Sentencing Law and Policy reporting that the Delaware Supreme Court vacated a conviction based on a constitutional speedy trial violation stemming from a delayed sentencing proceeding. We have previously blogged about such a claim here and I have filed a sentencing issue based on the Speedy Trial Clause in the last year. Where there are big delays in sentencing that are not the fault of the defendant, be sure to think about a Sixth Amendment objection. Especially where you can show prejudice (like additional criminal history).

No comments: