If the fuck up means that they are directly responsible for the death of a student, yeah, I got no problem with them never teaching again.
Guyger will probably be appealing her conviction. If so, hug rescinded?
Is it possible for the sentence to be increased if the defendant appeals the conviction? I’m thinking of her as well as Brock Turner, who appealed a sentence that many found really light.
According to the wiki article on the Turner case, he appealed unsuccessfully from conviction, not sentence.
I don’t understand the difference; the post before mine says that she appealed her conviction.
Separate things. If the conviction is overturned, then there is no sentence. However if the sentence is disproportionate to the crime one could still petition the courts for a lesser sentence
ie. “I’m guilty but I shouldn’t get 20 years for shoplifting if she only got 10 for killing someone.”
OK, I guess my question is whether it’s possible for the conviction to upheld on appeal, but the sentence to get harsher?
Sometimes the state can appeal an overly lenient sentence if the court did not follow the law, and a sentence can be increased if the appeal is successful. (The Hammonds case that was an impetus in the Malheur stand-off is an example.) I have heard here that this was a guidelines sentence, so if that’s true, the state won’t be able to appeal it…
If she appeals the conviction and is successful in getting a new trial, and is again convicted, it is possible for her to get a harsher sentence, but relatively uncommon. There are constitutional limitations on imposing a harsher sentence after a successful appeal, to ensure defendants are not being punished for appealing. Typically, a harsher sentence after a successful appeal is presumed to be vindictive, (in a subsequent appeal) and the state has to rebut the presumption by showing it was instead based on new evidence.
So, it is very unlikely that she would get a harsher sentence following an appeal.
Appeal heard and reserved by Texas appeals court.
The murder conviction was upheld on appeal.