Hail 5th Circuit Full of Grace
I've been ragging on Nancy Grace for a while now (see here and here). As I've explained below, my main gripe with her is that her view of justice is simply getting a conviction regardless of evidence and anyone defending a criminal is evil. Well now I can say that such a position has support from higher authority.
Hat tip Bashman for linking the opinion for other reasons (Three judge panel removed the trial judge from the case because he's gone past the maximum sentencing allowed on previous occasions. In fact the holding reads, "The judgment of sentence is VACATED, and this matter is REMANDED for further proceedings before a different district judge, in accordance with this opinion."
The government’s brief, which argued stridently that every one of the district court’s decisions actions was justified, is surprising to this court, because the responsibility of the Department of Justice, in its representation of the United States in criminal proceedings, is to do justice and to see to it that the law is followed, not to obtain the highest possible sentence in every case. United States v. Andrews (5th Cir. 2004)(The opinion has not been published yet and I'm too lazy to blue book it).
Hat tip Bashman for linking the opinion for other reasons (Three judge panel removed the trial judge from the case because he's gone past the maximum sentencing allowed on previous occasions. In fact the holding reads, "The judgment of sentence is VACATED, and this matter is REMANDED for further proceedings before a different district judge, in accordance with this opinion."
Labels: Nancy Grace
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