I-64 teen appeals
by Lisa Provence
published 10:34am Friday Jun 6, 2008
published 10:34am Friday Jun 6, 2008
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The 16-year-old who pleaded guilty to seven charges stemming from the shooting rampage he and Gremlin-driving Slade Woodson undertook March 27 is appealing the sentence handed down by Judge Susan Whitlock that puts him in the state Department of Juvenile Justice for an indeterminate length that could stretch to his 21st birthday, the Daily Progress reports. A probation supervisor, his defense attorney and the prosecution recommended a 180-day treatment program locally at the Blue Ridge Detention Center.
i do believe he dodged a big one by being charged as a juvenile in the first place. you don’t shoot at people.
The Juvenile and Domestic Relations Court adjudication is not a constitutional trial. An appeal from there is a request for a constitutional trial and wipes out all result of the J&DR adjudication.
Because he received the harshest possible sentence, it only makes sense that the kid would want his day in a constitutional court. This is a very serious charge and shortcuts cannot be taken if the system is to work properly.
In practical terms, how does it make sense for a defendant to plead guilty in exchange for the maximum penalty. I am left wondering if he had an adequate defense. Our system only works if everybody honors their role in it, including defense attorneys. “Sacrificial lamb” is not the proper role of a defendant. This isn’t “gitmo”. Maybe the appeal to a constitutional court was the strategy all along.
It seems to me that the J&DR court somewhat routinely hands out an adjudication of “delinquent” along with the harshest possible sentence for the purpose of sending very serious charges into the realm of a constitutional court.
What the kid allegedly did is serious…. very serious. It is important that the community ensure that the constitutional system is exercised with all integrity and that all wisdom is applied regarding his future.
The Prosecution was even recommending 180 days. All the Judge did was complicate matters possibly over personnal feelings regarding this serious matter.
These Judges in the Charlottesville have a history of going against Prosecution recommendations. Is there problems within the Prosecutors Office or within the local Courts?
Clearly the problem lies in the Prosecutor’s Office given the light sentence recommendations. Let’s see what happens with the SOB who killed the 11 year old boy…
Perhaps I’m mistaken (or it’s different in juvenile court) but my understanding was that once a defendant pleads guilty s/he is barred from making an appeal. Is that incorrect?
It is different in juvenile court because juvenile court does not meet the requirements of the Virginia Constitution. Whatever the plea, on appeal anything that happened in juvenile court is completely wiped out as if it never happened. Defendants must voluntarily accept the result of the juvenile adjudication. Because it does not meet the requirements of the Constitution, it cannot be imposed and the appeal cannot be denied. That is the reason that a maximum sentence is simply a way for the judge to kick the matter up to a real court. Who would voluntarily accept a maximum sentence? The judge knows this, so a max sentence is just a way for the juvenile judge to imply “this case is above my pay grade”, in my opinion.