Resentencing Ordered After Judge Said Defendant “Turned Into A Demon”

Yvonne Hall’s supervised release was revoked and sentenced to 36 months imprisonment. Resentencing is now scheduled after Yvonne Hall's judge made inappropriate religious comments at sentencing.The following exchange between the judge and the defendant took place at sentencing:

Have you ever picked up the Bible?

Yvonne Hall : Yes, I have.

Court: What have you done with it?

Yvonne Hall : I mean, I read it. It's nothing—I don't think it's a spiritual thing.

...

Court: And I'm going to sentence you to 36 months' custody .... But I just wish that you would give yourself time to reflect on the self, that you have turned into a demon and you've known it. You're not sick. You've turned yourself into a demon and you need not have done that.

The Eleventh Circuit reversed, finding “the court's colloquy with Yvonne Hall makes clear that its sentencing decision was substantially affected by the consideration of religion.” According to the court, “religion was a focal point of the colloquy, and the court, in explaining its sentencing decision, twice called Hall a “demon,” thus indicating that its “imposition of a lengthy prison term ... reflected the fact that its own sense of religious propriety had somehow been betrayed.” The case was remanded for re-sentencing. United States v. Yvonne Hall , No. 15-15096 (11th Cir. 2017).

About Brandon Sample

Brandon Sample is an attorney, author, and criminal justice reform activist. Brandon’s law practice is focused on federal criminal defense, federal appeals, federal post-conviction relief, federal civil rights litigation, federal administrative law, and the Freedom of Information Act (FOIA).

Recommended for you

Ex Parte Communications By Judge With Jury Required Reversal Of Convictions

At Martin Bradley III’s trial for racketeering, mail fraud, wire fraud, and money laundering, the district court had two ex parte communications with the jury. Bradley’s defense lawyers did not become aware of notes until after his appeal. Bradley filed a 2255 motion arguing, in addition to other things, that the court had violated Rule…

Read More about Ex Parte Communications By Judge With Jury Required Reversal Of Convictions

Supervised Release Cannot Be Revoked After Supervision Term Ends

Anthony Holman’s supervised release was revoked for failing to pay restitution and picking up a new charge. However, the violation petition was not submitted until after Holman’s term of supervision had already expired. No summons was pending at the time either. Generally, whenever a U.S. Probation Officer believes that a defendant has violated his or…

Read More about Supervised Release Cannot Be Revoked After Supervision Term Ends

Burrage Applies Retroactively To Cases On Collateral Review

In Burrage v. United States, 134 S. Ct. 881 (2014), the Supreme Court held that “at least where use of the drug distributed by the defendant is not an independently sufficient cause of the victim’s death or serious bodily injury, a defendant cannot be liable under the penalty enhancement provision of 21 U.S.C. § 841(b)(1)(C)…

Read More about Burrage Applies Retroactively To Cases On Collateral Review