Main/Quick list of sentencing arguments for most murder convictions

1.   Any lengthy sentence imposed consecutively to the murder sentence is arguably unconstitutional under Article I, section 16, because the defendant does not begin serving that sentence until '''after''' parole board has found they are likely to be rehabilitated soon.  A lengthy sentence that you only serve after essentially being rehabilitated is insane and, almost by definition, disproportionate.  

2.   The gun minimum must be imposed on the primary offense (assuming it's attached to the primary offense).  This is because there is no statutory authority for deferring the gun minimum to a later count.  So no more imposing the gun minimum on the felon in possession and running it consecutively to murder w/ a firearm.

3.    UUW merges with Murder w/ a firearm.  

All of the arguments can be found on the Library of Defense, and of course I will always provide them to anyone who asks.
{{wl-publish: 2025-05-02 13:04:56 -0700 | Ryan@ryanscottlaw.com:Ryan  Scott  }}