Search for: "Almendarez, in Matter of"
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12 Feb 2008, 5:40 am
After Apprendi, Almendarez-Torres continued to be undercut. [read post]
18 Jul 2007, 11:29 am
No matter what the underlying rationale may have been for challenging Almendarez-Torres "to preserve the issue for further review," it is time to admit that the Supreme Court has spoken. [read post]
7 Nov 2013, 2:39 pm
The Third Circuit rejected this argument under Almendarez-Torres v. [read post]
22 Dec 2009, 5:30 pm
Supreme Court provided, "whether a particular punishment is criminal or civil is, at least initially, a matter of statutory construction. [read post]
9 Jan 2024, 3:39 am
Two North Carolina paralegals, Morag Black Polaski and Shawana Almendarez, have sued to challenge the prohibition against the unauthorized practice of law. [read post]
9 Oct 2007, 8:20 am
The other two big Federal Defender issues the Supreme Court has ducked are the continuing viability of Almendarez-Torres (briefed here) and the construction of the good time statute (blogged here). [read post]
5 Jan 2007, 7:00 am
Further, under Shepard, the characteristics of generic burglaries, such as those encompassed within the nongeneric the Oregon statute, must be established with Sixth Amendment compliance as a matter of statutory construction.Which brings us to the grant of rehearing en banc in Grisel. [read post]
8 Aug 2007, 12:52 pm
Unlike the 5th, the court politely rejects an Almendarez-Torres argument. [read post]
19 Nov 2007, 1:37 pm
("In essence, he asks us to find that district courts must, as a matter of law, account for such disparities. [read post]
24 Oct 2010, 5:41 am
We are a law firm located in Oklahoma City, Oklahoma, that handles personal injury matters, consumer disputes, business issues, social security problems, and immigration concerns. [read post]
22 Oct 2010, 4:27 am
We are a law firm in Oklahoma City, Oklahoma that handles personal injury matters, consumer disputes, business issues, social security problems, and immigration concerns. [read post]
6 Oct 2005, 8:17 pm
And Monge is an Almendarez-Torres case.And it gets more interesting. [read post]
13 Feb 2007, 3:28 am
And, as a practical matter, Judge McConnell is right, it can chill the right to an appeal (or absolutely choke it off).Patry is a 1998 (i.e. pre-Apprendi) case. [read post]
15 Sep 2017, 6:23 am
Almendarez-Torres v. [read post]
20 Jun 2013, 8:18 pm
United States, the Court reinforced the limited nature of the Almendarez-Torres carve-out – at least as a matter of statutory interpretation — and restricted the materials that a federal sentencing court can look at when deciding whether a particular prior state conviction counts towards the three “violent felonies” that make a defendant an “Armed Career Criminal. [read post]
18 Jun 2013, 7:41 am
The leading case is Almendarez-Torres v. [read post]
4 Oct 2017, 3:12 pm
That exception, stemming from Almendarez-Torres v. [read post]
22 Apr 2015, 12:11 pm
” It seems unlikely that the Court would use this case as a vehicle to take on the Apprendi prior conviction issue, and Justice Breyer, the author of Almendarez-Torres, will certainly want to avoid it. [read post]
31 Mar 2023, 5:00 am
A coalition of activists, faith leaders, and organizations — including the Innocence Project, ACLU of New Jersey, Black Lives Matter Paterson — are advocating for an end to police secrecy and urging New Jersey lawmakers to pass Senate Bill 371/Assembly Bill 996. [read post]
24 Jan 2007, 10:18 pm
Rptr. 170 (Feb. 2006), the presumption of reasonableness itself is a powerful argument for the reasonable doubt standard as a matter of Fifth Amendment law, especially in light of the Supreme Court's law on presumptions in criminal cases. [read post]
