Search for: "Apprendi v. New Jersey" Results 121 - 140 of 261
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9 Oct 2004, 3:46 pm
New Jersey, 530 U.S. 466 (2000), the sentencing judge determined the applicable drug quantities (and thereby the statutory maximum and minimum penalty and the guideline range) whether a conviction was by a jury or by a guilty plea. [read post]
16 Feb 2016, 5:38 pm by Timothy P. Flynn
Scalia's majority opinion was very useful in the ultimate habeas corpus petition filed in the United States District Court for the Eastern District of Michigan.Another example of Scalia's handiwork in the realm of the constitutional rights of the accused is his dissent in the 2000 case of Apprendi v New Jersey, which ripened into a majority opinion 4-years later in Blakely v Washington, holding that a judge cannot fashion a sentence based on… [read post]
21 Mar 2012, 10:49 am by David Oscar Markus
New Jersey, which said that “any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. [read post]
12 Jan 2016, 8:48 am by Lyle Denniston
New Jersey, to enhance the role of jurors in criminal trials. [read post]