Supreme Court Ruling Lets Defendant Appeal Sentence Based On Laws That Have Changed Since His Conviction

In The Shawshank Redemption, Morgan Freeman plays an elderly man serving a life sentence for a crime he committed when he was decades younger. When telling the story to a newly arrived inmate, he refers to the person against whom the jury returned a guilty verdict, his younger self, as “that kid.” The point is that he has changed so much since his conviction that he has become someone else. A lot changes over the course of decades. Not only does a person’s temperament change, but so does the world outside. We see this when Tim Robbins’s character hangs a poster of Raquel Welch on the wall of his prison cell, replacing the pinup poster he brought with him years earlier when he started his sentence; while the characters played by Robbins and Freeman were in prison, planning their next move, the Sexual Revolution of the 1960s was taking place outside, beyond the walls of the prison. Major cultural shifts do not happen overnight, but it only takes one signature by a governor or president to bring a new law into effect. A recent decision by the United States Supreme Court opens the door for defendants to appeal their sentences on the grounds that the law has changed since the trial court originally handed down the sentence. If you have changed since you received your sentence, and so has the law, contact a Pittsburgh criminal defense lawyer.

Hope for Defendants Serving Long Sentences for Long Ago Crimes

The “no double jeopardy” rule means that, if the jury acquits you at a criminal trial, your acquittal is forever. The same applies if the court drops the charges against you before your case goes to trial. Meanwhile, defendants who get an unfavorable outcome have the right to appeal. You have the right to appeal your conviction if you can convincingly argue that the jury returned an unfair verdict or if the court illegally included or excluded a key piece of evidence, as well as if new evidence has come to light since your trial. You can also appeal your sentence if it is excessive.

In the News

In June 2025, the Supreme Court of the United States issued a ruling on the Hewitt v. United States case. The defendant received a conviction in 2008 for multiple counts of robbery and received a prison sentence. By the early 2020s, the sentencing guidelines for his crime had changed, and under the new guidelines, he would be due for release from prison, but he still had many years to go on his current sentence. He appealed his sentence, and eventually the Supreme Court ruled that the trial court must review his sentence because of the change in the law.

Contact Gary E. Gerson About Criminal Defense Cases

A criminal defense lawyer can help you if you pleaded guilty or received a conviction at trial and want to appeal your sentence.  Contact the law offices of Gary E. Gerson in Pittsburgh, Pennsylvania about your case.

Source:

supremecourt.gov/opinions/24pdf/23-1002_1p24.pdf