Justia Criminal Law Opinion Summaries

Defendant Gregory Sommer unsuccessfully appealed the sentence he received by trial court. On appeal to the Supreme Court, Defendant argued that he was entitled to credit for time he spent in jail while waiting for the trial court to sentence him. The Supreme Court found that Defendant was premature in bringing his request to the court before the Department of Corrections had issued an official sentencing calculation. Furthermore, the Court found that Defendant's own calculation of the time credit was wrong. Accordingly, the Supreme Court affirmed the lower court's decision to dismiss Defendant's petition.

Husband Lee Herring appealed the family courtâs denial of his motion to terminate spousal maintenance to his ex-wife Kimberly Herring. Eight months after the order of divorce maintenance was entered, Mr. Herring was found guilty of sexual assault. The stateâs first prosecution of Mr. Herring ended in a hung jury, which occurred before the divorce was granted. After the second trial, he was sentenced. Mr. Herring paid maintenance pursuant to the divorce order for the first six months following the divorce, but stopped making payments once he was incarcerated. Mr. Herring petitioned the family court to modify the maintenance award since he would have no means of paying it from jail. The family court reasoned that the incarceration was not an unanticipated change in his situation and denied his motion to modify the maintenance award. The Supreme Court could not conclude that the pendency of the criminal proceedings made his resulting loss of income âanticipatedâ in terms of his ability to pay the maintenance award. The Court reversed the family courtâs decision to deny Mr. Herring a modification to the maintenance award, and remanded the case for further proceedings.