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Home / Opinion Digests / Criminal Law / Suspended sentences correctly revoked (access required)

Suspended sentences correctly revoked (access required)

There is insufficient evidence to support appellant’s claim that the partiality of the trial judge who revoked his suspended sentence could reasonably be questioned because the same judge presided over his murder trial that led to the revocation. Further, even assuming a presumption of prosecutorial vindictiveness motivated the sentence revocation proceeding, the presumption was rebutted when ...