State v. Prentiss

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• acknowledging that “the executive branch has the power to decide what criminal charges to file”
• noting that time for prosecutor’s allegation was at the time of sentencing
• conditioning mitigation upon the prosecutor “alleging” certain statutory factors unconstitutionally encroached upon the sentencing discretion of the judiciary
• discussing separation of powers and noting that “courts as an institution are not involved in the wisdom of the legislation”
• striking unconstitutional language in a statute while upholding the remainder of the statute
• “Any rule which inhibits a lawyer at sentencing from revealing, recommending, alleging or discussing mitigating circumstances with that judge fosters injustice.”

Source: CourtListener parenthetical corpus (CC0).