Wednesday, October 17, 2007

Pushing the Limits of Felony Murder (redux)

Last week in discussing the case of Stephanie Holsinger, I boldly proclaimed:

The trial judge will make a decision on Monday about Holsinger's argument, tho' I expect the state Supreme Court will have the final say in the matter.
Well, I neglected to mention the possibility of a plea bargain rendering the whole thing moot. As the Charleston Gazette reports:
On Monday, Holsinger, 24, entered into a similar deal, pleading guilty to first-degree robbery. Like Gilmer, she was indicted on felony murder and conspiracy charges in August. In her case, the state agreed to stand silent at sentencing.
There's some confusion as to what sentencing consequences Holsinger faces: the article says that she faces at least 10 years in prison (there's no statutory maximum for robbery in West Virginia), but the article cites Holsinger's attorney for the prospect that he will ask for probation and/or home confinement. My Sentencing Guideline-driven world can't comprehend such judicial discretion!

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