Monday, September 20, 2004

"Unusual" probation

Dallas Morning News is reporting what it calls "unusual probation." It seems a man got probation in his trial and the judge was a little upset, enough to include a year of jail and some rather strenuous requirements including a limit on the horsepower his vehicle may have.

While I understand the strange and creative terms some judges have for probation, I wonder mostly about these limitations in the context of Blakely. Has the judge in this case offered such constricting probation requirements, including a year in jail (six months real time), so as to constitute an enhancement? Keep a look out for cases like this. While I feel certain the Texas CCA will come down in the most conservative position, even they are bound by Federal law. Watch for an appeal on this.

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Faith, here’s an equivocator, that could swear in both the scales against either scale; who committed treason enough for God’s sake, yet could not equivocate to heaven. O, come in, equivocator. -Shakespeare, Macbeth: 3.2.9-12