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What Happens When the Laws Change?

By Baker Associates

Criminal trials can take months, years, or even decades from start to finish. Not surprisingly, laws can change mid-trial for many defendants for various reasons and can cause a great deal of confusion for defendants when laws change that directly affect the defendant?s case or sentencing. For an example of this, one can look to State v. Gholston, a case that recently came on appeal before the Tennessee Court of Criminal Appeals. In Gholston, the defendant committed the offenses for which he was indicted in July of 2004. While the case was going through the trial process, the Tennessee legislature adopted the Sentencing Reform Act of 2005, which changed, in various ways, the procedures and methodology for sentencing defendants. Due to the fact that the defendant was sentenced in 2006, an issue arose at trial as to whether the defendant should be sentenced under the sentencing regime that existed prior to the 2005 Reform Act (at the time the defendant was charged) or under the 2005 Reform Act, which existed at the time the defendant was sentenced...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on March 09, 2010 (boomark / email).