Search for: ""Blakely v. Washington" OR "542 U.S. 296"" Results 1 - 20 of 49
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24 Apr 2018, 9:07 am by MBettman
Washington, 542 U.S.296 (2004) (Striking down  Washington’s criminal sentencing procedures that allowed a judge rather than a jury to make findings that increased the penalty beyond the statutory maximum.) [read post]
26 Oct 2016, 7:38 am by Shea Denning
Washington, 542 U.S. 296, 304 (2004), which holds that the Sixth Amendment prohibits a judge from inflicting punishment that the jury’s verdict does not allow. [read post]
26 Oct 2016, 7:38 am by Shea Denning
Washington, 542 U.S. 296, 304 (2004), which holds that the Sixth Amendment prohibits a judge from inflicting punishment that the jury’s verdict does not allow. [read post]
5 Sep 2016, 7:43 am
Washington, 542 U.S. 296, 303 (2004), clarified that Apprendicreated a bright-line rule prohibiting the trial court from imposing a sentence beyond the `maximum sentence it may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant. [read post]
24 Jul 2014, 7:08 am by Jamie Markham
Washington, 542 U.S. 296 (2004), would surely require any aggravating factor other than a prior conviction to be proved to the jury beyond a reasonable doubt, unless the defendant admitted to it. [read post]
21 Aug 2010, 12:00 am by Sex Offender Issues
Washington that an upward departure from the maximum statutory sentence is unconstitutional under a guideline sentencing system unless a jury finds the underlying facts or the defendant admits such facts. 542 U.S. 296 (2004). [read post]