Court: DWI fatality sentence needs more definition
Legal Events
A Louisiana appellate court has ordered a state judge to add details to the sentence of a man who pleaded guilty to killing a jogger while driving drunk in October 2020.
A three-judge panel of the 3rd Circuit Court of Appeal ruled in the case of George D. McKinney Jr., who pleaded guilty last year to vehicular homicide in the death of 30-year-old Jason D. Webb, the American Press reported. The trial judge sentenced him to the maximum 30 years in prison but suspended seven years of that.
McKinney was driving fast and had crossed the center line on Old Highway 171, the Calcasieu Parish Sheriff’s Office told the newspaper on the day of the accident, Oct. 29, 2020.
The panel said it was not ruling on a claim that the trial judge failed to consider mitigating factors when he sentenced McKinney, who was a 22-year-old first offender. But it said the judge must explain how mitigating factors and aggravating factors affect the new sentence.
The appeals court also noted that the trial judge said he gave McKinney the maximum sentence to “set an example and to deter others from driving while impaired.” The court noted that it banned such a use of the maximum sentence in 2004.
The judge said McKinney must spend at least three years in prison without probation, parole or suspension. The appeal court said that wasn’t specific enough.
The judge also ordered McKinney to serve five years on supervised probation after his release from prison and to pay restitution for funeral costs, counseling for Webb’s children and any medical bills not covered by insurance.
The appellate panel said state law limits supervised probation after release to three years for someone in McKinney’s circumstances. And it said there must be a dollar amount and payment plan for restitution.
It also said the judge failed to order McKinney to participate in a court-approved substance abuse program, something that is required under state law.
Related listings
-
Dental Malpractice Litigation Attorney in New York
Legal Events 04/09/2022Jordan R. Pine is a dentist and attorney, making him eminently qualified to offer his expertise in dentist malpractice cases. New York Dental malpractice occurs when the treatment provided by dental health care professionals falls below the acceptabl...
-
Hearing opens for Jackson, 1st Black female high court pick
Legal Events 03/19/2022The Senate Judiciary Committee on Monday opened the Supreme Court confirmation hearings for Judge Ketanji Brown Jackson, the first Black woman nominated for the nation’s highest court.Jackson, 51, is to give her opening statement later Monday a...
-
Kansas AG asking judge to dismiss redistricting lawsuits
Legal Events 03/09/2022Attorney General Derek Schmidt is asking a Wyandotte County judge to dismiss two lawsuits filed over new Kansas congressional district lines enacted by Republican lawmakers. Schmidt’s request Monday came three days after the Kansas Supreme Cour...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.