Difference between revisions of "Blakely v. Washington"

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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).  
 
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).  
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==External Links==
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*[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]]
 
[[category:United States Supreme Court Cases]]

Revision as of 00:22, January 5, 2008

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.

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

  • Case at FindLaw (registration may be required)