Search for: "Apprendi v. New Jersey" Results 101 - 120 of 229
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2 Dec 2008, 10:25 pm
Supreme Court should have advised the jury that it could consider the evidence for the possession of stolen property counts, but that it could not consider the prior burglaries with respect to the attempted burglary and possession of burglar's tools counts.The Court also arguably acknowledged, sub silentio, that the viability ofthe persistent felony statute is uncertain (it declined to reach theissue), even though the Court of Appeals has consistently upheld thestatute against… [read post]
27 May 2009, 2:32 am
Fairley, which also features language addressing Apprendi v. [read post]
30 Apr 2007, 12:46 am
NEW JERSEY, 530 U.S. 466 (2000), JONES v. [read post]
16 Dec 2010, 5:39 pm by Brian Shiffrin
Of course, those "tired arguments" were eventually accepted by the Supreme Court in Apprendi v New Jersey (530 US 466 [2000]), Blakely v Washington (542 US 296 [2004]) and Cunningham v California (549 US 270 [2007]). [read post]
16 Jun 2005, 11:00 am
New Jersey, 530 U.S. 466 (2000)), and/or the mandatory minimums (implicating Harris v. [read post]
10 Feb 2011, 9:05 am by CJLF Staff
New Jersey which entitles defendants to a jury trial on sentencing factors that increase the maximum sentence.  [read post]
13 Mar 2018, 6:37 am by MBettman
”) Apprendi New Jersey, 530 U.S. 466 (2000) (“Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the statutory prescribed maximum must be submitted to a jury, and proved beyond a reasonable doubt. [read post]
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]