Tuesday, September 7, 2010

Does a Sleeping Child “Otherwise Witness the Offense” So As to Support Sentence Departure? Supreme Court Grants Review.

image State v. Robideau, Minn.S.Ct., 8/24/10.  A jury convicted Mr. Robideau of intentional murder by stabbing his girlfriend to death.  At the time, his girlfriend’s son was asleep in the home.  The court of appeals upheld a sentence departure on the basis of the child’ presence in the home, which I wrote about here.

The Supreme Court has granted review on the child presence issue.

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