We wrote in March, 2015 about the possibility of the US Supreme Court reviewing the concept of Judicial Override in Capital Murder cases. This scheme allows a judge to “override” a jury and sentence a defendant to death despite the jury’s recommendation. This week, the US Supreme Court ruled in Hurst v. Florida that this sentencing structure violates the 6th Amendment to the Constitution.
This is good news.
I have recently been involved in a case in Federal Court in which my client (a licensed professional) may be subject to removal (deportation) from the United States because of his guilty plea to a felony charge. This case is made even more tragic because my client, a citizen of Mexico, has been a permanent resident of the US since age 5.
Andrew M. Skier, founder and chief trial counsel of Andrew M. Skier & Associates, has been selected to be a member of the board of Directors for the Federal Public Defender Organization serving the Middle Judicial District of Alabama. This is the organization that oversees and administers the Federal Defender Office for the District.
There have been encouraging signs of change coming in the area of Criminal Justice Reform lately, both in Alabama and in the Federal courts. Leaders in both areas have apparently come to the reasonable conclusion that the current system is untenable and unsustainable in the long term. Have we seen the beginning of a thaw in tough mandatory sentences?
I am a supporter of equipping law enforcement officers with video cameras, either on their bodies (body-cam) or vehicles (dash-cam) or ideally both. Most law enforcement folks I have spoken with agree with me. There is no better way to find out the truth of a situation than to have actual video evidence, and not to have to rely on a “he said; she said” scenario.
After a long wait, the hearing date is finally here! What should you expect as you prepare for and appear at the parole or pardon hearing?
The Alabama Board of Pardons and Paroles has very strict rules for how they conduct a hearing, and it is important to be familiar with these rules.
The Board opens their doors at 7:30 AM every day that hearings are held. Those appearing on behalf of an applicant for either parole or a pardon fill out a form and are directed to one waiting room, while those representing victims or others protesting a parole or pardon are directed to another.
Skier & Associates is proud to announce that founder Andrew M. Skier has been selected to attend the National Federal Defenders’ Trial Skills Academy in San Diego, California. This prestigious week-long program brings federal practitioners from around the country to work together on all aspects of preparing and trying criminal cases.
A recent article in the New York Times suggests that the US Supreme Court may soon review state laws that allow judges (who are mostly elected in partisan elections) to override juries recommendations and sentence capital murder defendants to the death penalty. I personally welcome this, as I have felt some unease with the current scheme for some time.
Congress has approved an amendment to the Federal Sentencing Guidelines that drastically decreases the punishment for those convicted of many drug offenses. Importantly, Congress made these changes retroactive, meaning that most people presently serving a federal sentence who qualify can petition the Court to have their sentence reduced to the new guideline level.
So you understand the Pardon and Parole Board’s authority to grant parole or pardons. How do we get them to consider your case? The answer depends on whether you (or a loved one) is seeking a pardon or parole.
Alabama Pardon and Expungements Blog