Search for: "Apprendi v. New Jersey" Results 101 - 120 of 237
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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]