Difference between revisions of "Blakely v. Washington"

Revision as of 23:02, June 8, 2008

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-In '''''Blakely v. Washington''''', 542 U.S. 296 (2004), the [[U.S. Supreme Court]] held that facts, other than a prior conviction, supporting a sentence above the standard sentencing range in a legislatively prescribed sentencing guidelines system must be found be a jury and proved beyond a reasonable doubt.
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-Justice [[Antonin Scalia]] wrote the Court decision, while Justices [[Anthony Kennedy]], [[Sandra Day O'Connor]] and [[Stephen Breyer]] and Chief Justice [[William Rehnquist]] were in dissent.
-This case concerned a state criminal proceeding.  The [[U.S. Supreme Court]] extended this ''Blakely'' rule to the federal Sentencing Guidelines in ''[[United States v. Booker]]'', 543 U.S. 220 (2005).
-==External Links==
-*[http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=02-1632 Case] at FindLaw (registration may be required)
-[[category:United States Supreme Court Cases]]