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Crime Appeals court vacates agreement to resentence Black inmate

20:15  01 december  2020
20:15  01 december  2020 Source:   msn.com

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The attorney general appealed the resentencing , and the Tennessee Court of Criminal Appeals heard (AP) — The fate of a black death row inmate in Tennessee, whose sentence was reduced to life Those steps were short-circuited when the judge accepted the agreement between prosecutors

Rand Paul's attacker could be spend more time behind bars as appeals court vacates his Federal appeals court has vacated the sentence and ordered resentencing Federal prosecutors argued that 21 months would have been more appropriate It vacated the sentence and ordered a resentencing . The ruling came in response to an appeal

NASHVILLE, Tenn. (AP) — A Tennessee trial court judge improperly reduced a Black inmate's death sentence to life in prison last year, a state appeals court has ruled.

FILE - In this Aug. 28, 2019, file photo, death row inmate Abu-Ali Abdur'Rahman attends a hearing in Nashville, Tenn. Abdur'Rahman was scheduled to be executed in April, but last fall a judge resentenced him based on claims that prosecutors had illegally excluded African Americans from the jury pool. The attorney general appealed the resentencing, and the Tennessee Court of Criminal Appeals heard arguments Tuesday, June 29, 2020. (AP Photo/Mark Humphrey, File) © Provided by Associated Press FILE - In this Aug. 28, 2019, file photo, death row inmate Abu-Ali Abdur'Rahman attends a hearing in Nashville, Tenn. Abdur'Rahman was scheduled to be executed in April, but last fall a judge resentenced him based on claims that prosecutors had illegally excluded African Americans from the jury pool. The attorney general appealed the resentencing, and the Tennessee Court of Criminal Appeals heard arguments Tuesday, June 29, 2020. (AP Photo/Mark Humphrey, File)

Abu-Ali Abdur’Rahman (AHB’-dur-RAK’-mahn) was scheduled to be executed in April, but the judge resentenced him last fall based on claims that prosecutors had illegally excluded African Americans from the jury pool. The inmate filed to reopen his case in 2016, shortly after the U.S. Supreme Court overturned the conviction of a Black death row inmate in Georgia, finding prosecutors had illegally excluded Blacks from a jury that ended up being all white.

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A motion for resentencing is brought by a person who has already been convicted and sentenced for a crime, asking the court to reduce or modify the sentence. The motion typically seeks to reduce jail or prison time, to allow the defendant to be released from custody, or to relax the conditions of probation.

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In a 22-page decision handed down Monday, the Tennessee Court of Criminal Appeals determined that the state trial court judge did not have the authority to modify Abdur’Rahman's sentence based merely on an agreement between the district attorney and the defendant. The ruling vacates the agreement. The trial court can once again review the petition but it must follow the procedures as outlined in the appeals court's decision.

Abdur’Rahman was sentenced to death for the 1986 killing of Patrick Daniels. Police said Daniels and Norma Jean Norman were bound with duct tape and stabbed repeatedly with a butcher knife at Norman’s home.

Prosecutors’ notes from Abdur’Rahman’s trial showed they treated Black people in the jury pool differently from whites, according to the case's court records. For example, prosecutors told the judge they were excluding a Black, college-educated preacher because he appeared uneducated and uncommunicative, while white jurors who truly were uneducated were allowed to serve.

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CHICAGO - An appeals court has vacated the more than 7 1/2-year prison sentence for a man convicted for his part in a 2015 theft of more than 100 guns The 7th U.S. Circuit Court of Appeals said Thursday that U.S. District Judge John Tharp erred when he Moody will now be resentenced .

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After Abdur’Rahman asked to reopen his case, current Nashville District Attorney Glenn Funk negotiated an agreement that would reduce his sentence to life. The reduced sentence would be served consecutively with two other life sentences, so there would be no possibility he would leave prison. In return, Abdur’Rahman agreed to give up any further legal challenges.

The Tennessee Attorney General's office opposed the sentence reduction, however, arguing that there should have been a petition, a hearing and a review, as outlined under state law for such cases.

Abdur'Rahman's attorneys countered that Attorney General Herbert Slatery didn't have the right to appeal the district attorney's agreement because both the attorney general and the district attorney represent the same party, the state.

The appeals court ultimately disagreed and instead focused on the procedural violations.

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usr: 0
This is interesting!