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25 Feb 2015, 9:21 am by Frankl & Kominsky, P.A.
These timing issues are at the core of the discussion in a recent decision from Florida’s Fourth District Court of Appeal, Hankerson v. [read post]
24 Jan 2007, 10:18 pm
The Fifth Amendment right to deprivation of liberty only based on facts proved beyond a reasonable doubt requires a different, and stricter level of compliance, as we know from the contrasting cases on retroactivity: "yes" on reasonable doubt (Ivan V. and Hankerson); "no" on judge rather than jury where the reasonable doubt right is intact (Summerlin).While addressing the Sixth Amendment, Cunningham clearly expresses the constitutional norm that increased… [read post]