HSC cuts the bill for an expert, upholds consecutive sentence on remand because it is not “more severe” than original sentence.
State v. Lavoie (HSC August 13, 2025). Marlin Lavoie was charged, tried, and convicted of murder and firearms-related offenses. The circuit court (Hon. Judge Joseph E. Cardoza) sentenced him to life with the possibility of parole and the firearms charges consecutively. Lavoie appealed. The HSC vacated the conviction and remanded the case for a new trial. On remand, the parties reached a plea agreement. Lavoie pleaded guilty to manslaughter, using a firearm in a separate felony, and being a felon in possession. The parties used the presentence report from the first trial, which included reports on his mental health and social history. Before sentencing, Lavoie’s court-appointed attorney filed a motion to hire an expert to assess him for dangerousness. The assessment would be used to assist him at sentencing and before the parole board. The bill came to $8,767. The circuit court (Hon. Judge Peter T. Cahill) found the request exorbitant and unnecessary but auth...