Court: DWI fatality sentence needs more definition

National News

A Louisiana appellate court has ordered a state judge to add details to the sentence of a man who pleaded guilty to killing a jogger while driving drunk in October 2020.

A three-judge panel of the 3rd Circuit Court of Appeal ruled in the case of George D. McKinney Jr., who pleaded guilty last year to vehicular homicide in the death of 30-year-old Jason D. Webb, the American Press reported. The trial judge sentenced him to the maximum 30 years in prison but suspended seven years of that.

McKinney was driving fast and had crossed the center line on Old Highway 171, the Calcasieu Parish Sheriff’s Office told the newspaper on the day of the accident, Oct. 29, 2020.

The panel said it was not ruling on a claim that the trial judge failed to consider mitigating factors when he sentenced McKinney, who was a 22-year-old first offender. But it said the judge must explain how mitigating factors and aggravating factors affect the new sentence.

The appeals court also noted that the trial judge said he gave McKinney the maximum sentence to “set an example and to deter others from driving while impaired.” The court noted that it banned such a use of the maximum sentence in 2004.

The judge said McKinney must spend at least three years in prison without probation, parole or suspension. The appeal court said that wasn’t specific enough.

The judge also ordered McKinney to serve five years on supervised probation after his release from prison and to pay restitution for funeral costs, counseling for Webb’s children and any medical bills not covered by insurance.

The appellate panel said state law limits supervised probation after release to three years for someone in McKinney’s circumstances. And it said there must be a dollar amount and payment plan for restitution.

It also said the judge failed to order McKinney to participate in a court-approved substance abuse program, something that is required under state law.

Related listings

  • Wisconsin Supreme Court adopts GOP-drawn legislative maps

    Wisconsin Supreme Court adopts GOP-drawn legislative maps

    National News 04/17/2022

    The Wisconsin Supreme Court on Friday adopted Republican-drawn maps for the state Legislature, handing the GOP a victory just weeks after initially approving maps drawn by Democratic Gov. Tony Evers.The court reversed itself after the U.S. Supreme Co...

  • Kansas AG asking judge to dismiss redistricting lawsuits

    Kansas AG asking judge to dismiss redistricting lawsuits

    National News 03/09/2022

    Attorney General Derek Schmidt is asking a Wyandotte County judge to dismiss two lawsuits filed over new Kansas congressional district lines enacted by Republican lawmakers. Schmidt’s request Monday came three days after the Kansas Supreme Cour...

  • Palin COVID-19 tests delay libel trial against NY Times

    Palin COVID-19 tests delay libel trial against NY Times

    National News 01/26/2022

    An unvaccinated former Alaska Gov. Sarah Palin tested positive for COVID-19 Monday, forcing a postponement of a trial in her libel lawsuit against The New York Times. The Republican’s positive test was announced in court just as jury selection ...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.