A man who stabbed an ASU student could receive a shorter sentence due to a recent U.S. Supreme Court decision.
John Munninger, 24, was convicted in March 2003 of assaulting Josh Kolsrud, who graduated in May, outside the now defunct Have a Nice Day Cafe at 410 S. Mill Ave.
Police reports say Kolsrud, 23, nearly died and lost the function of his left arm after Munninger stabbed him during a Feb. 13 Mardi Gras celebration in 2002.
According to the Maricopa County's Public Defender's office, Munninger's lawyer appealed his 12.5-year sentence on Aug. 18 on grounds that the sentencing process had a fundamental structural error.
Usually a sentence for aggravated assault is 7.5 years, but other factors could have lead to a maximum sentence of 15 years in prison.
In March 2003, Maricopa County Superior Court Judge Alfred M. Fenze said Kolsrud's injuries as well as emotional and financial harm justified the extended sentence, The State Press reported.
In June, the U.S. Supreme Court ruled that it is unconstitutional for a judge to factor into sentencing any circumstances not presented to a jury and admitted as evidence.
Christopher Johns, a spokesman for Maricopa County's Public Defenders, said the ruling called Munninger's sentence into question.
Johns said Munninger's case is not alone in the state or country.
"Nobody's talking about this unseen 600-pound gorilla or how it's going to affect victims, their families and the accused," Johns said.
Kolsrud, who just began his first year of law school at the University of Miami in Florida, thinks the case is being used to set a precedent.
"It was settled so long ago that there has to be a political twist," Kolsrud said.
First-year law student James Pazan said that although reviewing cases like Munninger's might be expensive, it is the right thing to do for those who are sentenced.
First-year law student Hong Tan said he believes that not all past cases should be revisited.
"They may have to set a threshold of how far [the sentence] was from the normal sentence in order for a case to be reviewed," Tan said.
Johns said that the appeals that are heard because of the ruling wouldn't overturn court decisions.
"The issue of guilt won't be remanded," Johns said.
Attorney General Terry Goddard has until Sept. 10 to respond to Munninger's appeal.
Reach the reporter at mark.saxon@asu.edu.
