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Maine judge finds mandatory sentence constitutionally excessive in unusual setting

By Douglas A. Berman

This local AP story reports on an interesting state sentencing ruling: A Maine judge says the state?s mandatory sentencing law for habitual driving offenders was too harsh to impose on a Vietnam War veteran convicted of continuing to drive after losing his license as a habitual offender.  Franklin County Superior Court Justice Michaela Murphy sentenced 60-year-old Gerald Gilman to 90 days in jail, instead of two years required by law. Murphy wrote that a two-year sentence mandated by the state?s so-called "Tina?s Law" because of Gilman?s past drunken-driving offenses was "constitutionally excessive."  Prosecutor Andrew Robinson called Murphy?s sentence illegal and said it will be appealed. This press report suggests there was a written decision in this case, which I will post if I can find it.continue to full post

Full post as published by Sentencing Law and Policy on December 12, 2008 (boomark / email).