Search for: "Com. v. Walsh, T." Results 21 - 40 of 76
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21 Feb 2012, 3:47 am by Russ Bensing
  Too bad, says the 2nd District; an agreed sentence isn’t even reviewable on appeal… In State v. [read post]
2 Feb 2012, 3:46 am by Russ Bensing
The key case on this is Ake v. [read post]
30 Jan 2012, 3:45 am by Russ Bensing
” Even though the judge said he’d refer a defendant for a competency evaluation, his failure to do so isn’t error when the record doesn’t indicate any evidence that the defendant is incompetent, says the 8th District in State v. [read post]
28 Jan 2012, 5:47 am by Russ Bensing
  The court also holds that where the offenses were committed over a period of time, some before and some after the effective date of the Adam Walsh Act, classification under the AWA was permissible… In State v. [read post]
17 Jan 2012, 3:40 am by Russ Bensing
Caldero:  since a Megan’s Law offender can’t be reclassified under the Adam Walsh Act, and the AWA now provides the penalties for failure to register, etc., a Megan’s Law offender can’t be prosecuted at all. [read post]
9 Jan 2012, 3:37 am by Russ Bensing
Williams (discussed here), holding that the Adam Walsh Act was punitive, and couldn’t be applied retroactively to people who committed offenses prior to its effective date. [read post]
4 Jan 2012, 3:38 am by Russ Bensing
  It’s not, and it wouldn’t really matter if it were; as the court explains in State v. [read post]
29 Nov 2011, 3:45 am by Russ Bensing
The prosecution doesn’t fare any better in State v. [read post]
31 Oct 2011, 3:34 am by Russ Bensing
Alltop, the 2nd District reaffirms a decision from last year holding that the increased penalties under the Adam Walsh for a sex offender’s failure to notify or verify an address cannot be applied to Megan’s Law offenders… Two cases on conflicts of interest:  in State v. [read post]
6 Sep 2011, 3:29 am by Russ Bensing
”  And God willing and the creek don’t rise, none ever will. [read post]
29 Aug 2011, 3:37 am by Russ Bensing
  The latter, discussed here, held that the Adam Walsh Act classifications couldn’t be applied retroactively to people who committed their crimes before its effective date of January 1, 2008. [read post]
21 Jul 2011, 5:29 am by Russ Bensing
   Back in March, I told you about HB 77, which was written to overcome State v. [read post]
20 Jul 2011, 3:42 am by Russ Bensing
He wasn’t sentenced until February 1, 2008, however, by which time the Adam Walsh Act had gone into effect. [read post]
18 Jul 2011, 3:59 am by Russ Bensing
Williams, holding that the Adam Walsh Act was punitive, rather than remedial. [read post]