Search for: "Kimbrough v. State" Results 241 - 256 of 256
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10 Jun 2008, 2:36 pm
However, defendants' sentences are remanded for reconsideration on the issue of the crack/powder cocaine disparity in light of Kimbrough. [read post]
17 Nov 2008, 6:39 pm
Buie, No. 070258 Sentence of fifteen years for being a felon in possession of a firearm is affirmed where: 1) because the maximum penalty for the offense to which defendant pleaded guilty was ten years or more under state statute, defendant's state felony narcotics conviction qualified as a "serious drug offense" under the Armed Career Criminal Act (ACCA); and 2) defendant's allegation that he was deprived of counsel at his plea hearing did not state a… [read post]
8 Mar 2011, 9:43 am by Aaron
Courtesy of Law Offices of Dena Alo-Colbeck “Writing and Research for Washington Attorneys” Washington State Law Washington State Supreme Court: State v. [read post]
28 Aug 2008, 2:15 pm
Mitchell, No. 02-3505 Denial of a petition for habeas relief in a death penalty case is reversed where: 1) a state court applied the Strickland standard in an objectively unreasonable manner for purposes of claims that petitioner's counsel were ineffective in preparing for the sentencing phase of his trial; 2) the state court unreasonably determined that the alleged errors of trial counsel did not prejudice petitioner's case; and 3) a state court erroneously… [read post]
21 Jul 2008, 9:14 pm
Haviland, No. 07-3380 Grant of a conditional writ of habeas corpus is affirmed where: 1) petitioner sought to represent himself at trial, and the trial court's failure to rule on his requests to proceed pro se deprived him of his Sixth Amendment right to self-representation; and 2) state courts' objectiv [read post]
18 Sep 2007, 12:42 pm
" The next-highest-profile case involves the crack-powder disparity in sentencing (Kimbrough v. [read post]
12 Dec 2007, 6:53 pm
In light of the Supreme Court decision this week in Kimbrough v. [read post]
24 May 2011, 10:58 am by Michael O'Hear
  As originally introduced, the FSA would have equalized the treatment of crack and powder[7]—which is precisely what is done in the great majority of states.[8] Although powder cocaine sentencing provides the most natural benchmark to assess the proportionality of crack sentencing, it is not the only benchmark that should be borne in mind. [read post]