Thursday, May 19, 2022

Why An Appeal to Commute a Sentence was Denied

 

Getting convicted for a serious charge in Las Vegas means that you can expect some pretty long times in prison. Fortunately, there are plenty of post-conviction options that a defendant can choose from to help them lighten their sentences. For one thing, those who have been incarcerated for long enough can request for their sentences to be commuted.

Like many other instances, however, an appeal to commute a sentence can be denied by the Pardons Board under certain circumstances. Let’s look at some reasons why an appeal to commute a sentence was denied.

Request Lacked Merit

The standard reason for denying an appeal to commute a sentence is because of a lack of merit. That is, the prisoner’s reasons for the commutation lack any weight and are thus no grounds for the appeal to stand on. For example, a prisoner may claim good conduct for the period that they were incarcerated, but they lack documents to prove such conduct. Conversely, other parties may disprove this claim and submit their counter-arguments during the deliberation period (for example, prison guards may declare that the appealing prisoner was actually more violent or manipulative while incarcerated).

Up for Parole

Prisoners who are up for parole less than a year before the next Pardons Board meeting are blocked from making appeals. Any attempt to do so will be automatically denied, citing this reason. However, the prisoner viable for parole may still get a chance to request a commutation if they are involved in extraordinary circumstances related to the case.

Modified Sentences

A petition for a modification of a sentence is a petition that changes the contents of a sentencing document. Modifying sentences may lead to reduction or addition of provisions to the original sentence, depending on circumstances. In connection to commuted sentences, a request for commutation may be denied if a petition to modify the original sentence is in effect. The petition can be filed either by the judge overseeing the case, or the district attorney.

Public Opposition

Nevada’s populace has a say with regards to sentence commutations, even for relatively unknown prisoners. They are free to submit their support or opposition to a proposed commutation by mailing their opinion to the Nevada Pardons Board. Strong public backlash for certain cases may affect the chances of a prisoner’s commutation appeal in the long run. Note that this is admittedly a minor reason compared to the others; the governor and the Board can choose to ignore public input and go ahead with the reduced sentence.


There are many other reasons why an appeal to shorten a prisoner’s sentence can be denied. That doesn’t mean it’s the end for them, however. Ask a defense attorney about other post-conviction options that are readily available.