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Montana top court says judge can't amend his 30-day rape sentence (paves way for appeal)
Source: Reuters
Montana top court says judge can't amend his 30-day rape sentence
By Laura Zuckerman
Fri Sep 6, 2013 4:13pm EDT
(Reuters) - Montana's Supreme Court on Friday ruled that a state judge could not amend a 30-day sentence he handed down to an ex-teacher who was convicted of raping a 14-year-old girl, paving the way for prosecutors to appeal a sentence that has drawn a barrage of criticism.
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As the outcry grew and after prosecutors vowed to appeal the sentence, Baugh apologized for his remarks and later called a hearing to review and possibly amend the sentence, something that the state attorney general challenged as outside Baugh's legal authority.
The state Supreme Court agreed, ruling 4-2 that Baugh could not unilaterally amend the sentence himself and ordering the planned hearing halted.
"We conclude that the stated intent of the District Court (Baugh) to alter the initially imposed oral sentence in today's scheduled hearing is unlawful and that the proceeding should be arrested," the court ruled, without commenting on the validity of the sentence itself.
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By Laura Zuckerman
Fri Sep 6, 2013 4:13pm EDT
(Reuters) - Montana's Supreme Court on Friday ruled that a state judge could not amend a 30-day sentence he handed down to an ex-teacher who was convicted of raping a 14-year-old girl, paving the way for prosecutors to appeal a sentence that has drawn a barrage of criticism.
[font size=1]-snip-[/font]
As the outcry grew and after prosecutors vowed to appeal the sentence, Baugh apologized for his remarks and later called a hearing to review and possibly amend the sentence, something that the state attorney general challenged as outside Baugh's legal authority.
The state Supreme Court agreed, ruling 4-2 that Baugh could not unilaterally amend the sentence himself and ordering the planned hearing halted.
"We conclude that the stated intent of the District Court (Baugh) to alter the initially imposed oral sentence in today's scheduled hearing is unlawful and that the proceeding should be arrested," the court ruled, without commenting on the validity of the sentence itself.
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Read more: http://www.reuters.com/article/2013/09/06/us-usa-montana-rape-idUSBRE98510V20130906
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