Alex Murdaugh’s legal team are filing with the Fourth Circuit Court of Appeals to determine if the 40-year sentence violated Murdaugh’s Eighth Amendment rights in his financial trial. The Eighth amendment says courts cannot impose excessive fines, excessive bail, or cruel and unusual punishment.
Murdaugh entered a guilty plea and was sentenced by District Judge Richard Gergel to 40 years on 22 financial crimes in April of 2024. Murdaugh filed an intent to appeal two weeks after sentencing.
Murdaugh’s attorneys state the sentence is a de facto life sentence for Murdaugh. The 55-year-old Murdaugh is currently serving two life sentences on his murder convictions.
Sentencing guidelines should have handed down between 17 and 22 years and to be in line with three other cases with similar circumstances had median sentences of 17.5 years. Murdaugh is required to serve 85% of his sentence requiring him to serve 24 years.
Murdaugh was also ordered to pay $8.7 million in restitution to his victims.
Attorneys for Murdaugh are asking the court to return the case to district court for resentencing with a new judge from outside the district.
