SC - Bride, Samantha Miller, dies 5 hours after wedding when DUI driver slams golf cart, Folly Beach - 28 Apr 2023

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It's difficult not to compare.

So... in this case....
Ashley Benefield shoots her husband in 'self defence'.... judge sentences her to 20 years?

Jamie Komoroski, recklessly driving around at 3x the speed limit.... kills 1 and harms 3...pleas and gets 25 years?

Sarah Boone- leaves her BF in a suitcase to suffocate to death after a drunken night together.... refused a 15 yr plea deal, gets a life sentence?

For me, Jamie's crime is so so so so so much more tragic, in my eyes.
 
Appeals After Plea Agreements?
HelenK said:
My understanding, as faulty as it may be, is that when someone enters a blind plea, they basically give up their right to appeal, except in the case of gross negligence on the part of counsel or the judge. I of course stand ready to be corrected.
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@HelenK
IIUC, that may also apply to other plea agreements as well as blind pleas, so IIUC depends on the plea agreement's specific language.

FWIW: A law review article w broad discussion of plea agreement issues.

From "The Real Problem with Plea Bargaining"
"And across the country, innocent defendants who pleaded guilty are often unable to obtain exoneration because their plea agreements included a waiver of the right to appeal and the right to collateral review. 34"

This footnote/endnote 34 identifies the source of above info:
"Nancy J. King & Michael E. O’Neill, Appeal Waivers and the Future of Sentencing Policy, 55 Duke L.J. 209, 212 (2005) (finding that nearly two-thirds of a sample of federal plea agreements included an appeal waiver); Susan R. Klein, Aleza S. Remis & Donna Lee Elm, Waiving the Criminal Justice System: An Empirical and Constitutional Analysis, 52 Am. Crim. L. Rev. 73, 87 (2015) (finding that more than two-thirds of federal boilerplate plea agreements include waivers of the right to collaterally attack the conviction)."

The Real Problem with Plea Bargaining | Texas Law Review

Most criminal law professors hate plea bargaining. While the precise reasons for their dislike may differ, they are nearly united in their condemnation of the practice. In his article, Plea Bargaining’s Uncertainty Problem, Professor Jeffrey Bellin takes aim at several of the common criticisms...
texaslawreview.org texaslawreview.org
 
HelenK said:
Even though up until that point in time she had not shown one wit of remorse, or empathy towards anyone but herself, she may have been somewhat moved after listening to the heart-rendering statements of the family members. That said, I think those tears flowed because the reality of what was about to go down had finally hit her like a sidecar. She was terrified. After the verdict was read, she looked dazed - perhaps having thought that her tears would somehow make a Hail Mary difference. They didn't. And this was where her Daddy met his Waterloo - he couldn't do a thing about it.
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You could actually hear her shrieking as the visitors filed out. I’ve never heard that before.
 
RIP Samantha Miller and my condolences to her husband, mother, father, brother, sister and loved ones.

Also, hope that Aric Hutchinson, his brother in-law and nephew have a lot of support and help as they continue to recover physically, emotionally and mentally following this preventable horrific crash that resulted in this unfathomable tragedy.

Hearing that Samantha Miller’s last words were that her wedding day was the best day of her life, the first thing her husband did when he woke up in the hospital was ask after his beloved wife, her mother and sister could hear the sound of the crash and were able to approach and view the scene of the accident and their loved ones injuries and the pain, anguish and anger in her father’s Victim’s Impact Statement was absolutely heartbreaking.

SM was just so loved and you could tell she felt that as she celebrated her wedding, enjoyed life and further embarked on the journey and future she and her husband were supposed to share and start together.
No one could have or should have anticipated the tragedy and murder that was about to occur and I recall that when I first read about this tragedy it sadly reminded me again of the lesson I learned firsthand as a grieving child that life just how unfair life and unpredictable life can be especially when it comes to the time and memories you can create with your loved ones. I could definitely empathize with the the sentiment and thoughts Samantha’s father expressed in trial as I struggled with the same emotions and thoughts towards someone, who was a stranger to me, who was responsible for taking away the life of a loved one and left his loved ones with only hurt, pain and hatred in his place.
 
AnyNameIWish said:
It's difficult not to compare.

So... in this case....
Ashley Benefield shoots her husband in 'self defence'.... judge sentences her to 20 years?

Jamie Komoroski, recklessly driving around at 3x the speed limit.... kills 1 and harms 3...pleas and gets 25 years?

Sarah Boone- leaves her BF in a suitcase to suffocate to death after a drunken night together.... refused a 15 yr plea deal, gets a life sentence?

For me, Jamie's crime is so so so so so much more tragic, in my eyes.
Click to expand...

I have a huge issue with the sentence too. Especially in comparison with Rebecca Grossman, who killed two children while racing her lover, after leaving a bar. She got 15 years, total, for killing two children. She is eligible for parole in as little as eight years.

In this case, a young woman went out drinking and bar hoping, something many people have done, driven home, slept it off. In this case, driving too fast, hit a golf cart, driving on a road, at night.

But, she did kill a woman, and destroyed her husband's life too. People don't usually bounce back from brain damage.

What do you think would have been a "better" sentence than 25 years?
 
The tragedy of the courtroom was magnified by the estrangement of Samantha's family and her husband's family. The idea that not only was she lost but that they can not lean on each other just guts me. That said, I believe they totally represented the deep ripple effect of PTSD and the rightful expansion of the face of the victims. The description of the fear that children have about their parent going to the store and possibly never returning was poignant and understandable.

I am not sure if they will ever become a family unit again but I do hope they continue to find therapy and avenues to continue to heal. Jamie has ruined so much but I do believe they can begin to find the new normalcy that they deserve.
 
RickshawFan said:
You could actually hear her shrieking as the visitors filed out. I’ve never heard that before.
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I heard something and relistened because I was unsure what it was. Indeed, she was wailing. It did make me wonder if she was acting or so sure that she was repentant enough that the judge would throw her a bone. In the video as the judge was sentencing her and she heard the 25 years, she gave an incredulous look to her lawyer. I think she had hope.
 
kaen said:
I heard something and relistened because I was unsure what it was. Indeed, she was wailing. It did make me wonder if she was acting or so sure that she was repentant enough that the judge would throw her a bone. In the video as the judge was sentencing her and she heard the 25 years, she gave an incredulous look to her lawyer. I think she had hope.
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Of course she had hope. That's what all those tears of remorse, appearing so late in the game, were about. The judge didn't buy it.
 
mickey2942 said:
Said no felon, ever. Trust me. Alcoholics deny, minimize, blame, and justify everything. Responsibility is not a word in their vocabulary.
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I don’t feel so certain about this: perhaps active alcoholics.

But I also don’t think Jamie is there with actual, real, responsibility. IMO she was very immature and childlike, seemed to know Zero about personhood and accountability…this was too big a haul to make anything more than a slight dent in in the few months between the accident and the trial. It’s gonna take years of personal work.

In general, nothing to do with your comment, I don’t believe all one-time alcoholics are permanently alcoholics. We don’t regard one-time smokers as smokers ‘til the end of time.
 
RickshawFan said:
I don’t feel so certain about this: perhaps active alcoholics.

But I also don’t think Jamie is there with actual, real, responsibility. IMO she was very immature and childlike, seemed to know Zero about personhood and accountability…this was too big a haul to make anything more than a slight dent in in the few months between the accident and the trial. It’s gonna take years of personal work.

In general, nothing to do with your comment, I don’t believe all one-time alcoholics are permanently alcoholics. We don’t regard one-time smokers as smokers ‘til the end of time.
Click to expand...

We can agree to disagree on this. Have you ever heard the term, "Dry Drunk"?

www.webmd.com

What to Know About Dry Drunk Syndrome

Find out what you need to know about dry drunk syndrome, and discover what causes it, how it's treated, and how it may affect health.
www.webmd.com www.webmd.com

I see Jaime fitting this description perfectly. She has given up drinking. But she is still wallowing in the disorder.
 
HelenK said:
My understanding, as faulty as it may be, is that when someone enters a blind plea, they basically give up their right to appeal, except in the case of gross negligence on the part of counsel or the judge. I of course stand ready to be corrected.
Click to expand...
Why would anyone take a blind plea deal. Sounds like it's stack against you. A bench trail would make more sense than that so you can at least appeal. MOO
 
acehard said:
Why would anyone take a blind plea deal. Sounds like it's stack against you. A bench trail would make more sense than that so you can at least appeal. MOO
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She can likely still appeal her sentence.
Blind pleas are made usually when the defendant is ready to plead guilty but the prosecution just wont offer a deal. From a defense attorney side, it is not advised, but it is ultimately up to the client. And it can be better than proceeding to trial.
 
PrairieWind said:
She can likely still appeal her sentence.
Blind pleas are made usually when the defendant is ready to plead guilty but the prosecution just wont offer a deal. From a defense attorney side, it is not advised, but it is ultimately up to the client. And it can be better than proceeding to trial.
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What would the appeal be based on? Proper evaluation of evidence? When the range is that broad like 3-85 years, they can pick any number.
 
It appears that appealing both a blind plea sentence and a bench trial verdict - each handed down by a judge - requires proof of some sort of fundamental error on the part of counsel - perhaps not informing the client of the reasons for a possible detrimental outcome - or of the judge issuing an overly severe sentence given the facts presented, for instance. Apparently it's pretty difficult, but probably more so with the former where there is no trial and the party has already plead guilty.

Defense counsel aren't in favor of a blind plea, and use it only when their client basically has no defense. They hope a judge will show leniency to a visibly clueless and genuinely remorseful person. I think that's what Jamie's defense (and Jamie) thought would happen. It didn't - the judge knew precisely who and what she was dealing with.
 
HelenK said:
It appears that appealing both a blind plea sentence and a bench trial verdict - each handed down by a judge - requires proof of some sort of fundamental error on the part of counsel - perhaps not informing the client of the reasons for a possible detrimental outcome - or of the judge issuing an overly severe sentence given the facts presented, for instance. Apparently it's pretty difficult, but probably more so with the former where there is no trial and the party has already plead guilty.

Defense counsel aren't in favor of a blind plea, and use it only when their client basically has no defense. They hope a judge will show leniency to a visibly clueless and genuinely remorseful person. I think that's what Jamie's defense (and Jamie) thought would happen. It didn't - the judge knew precisely who and what she was dealing with.
Click to expand...
A bench trial is a regular proper trial but without a jury. There's a huge difference between that and a blind plea deal.
 
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