Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
Florida Supreme Court wasting no time trying to figure impact ofHurst
Main January 14, 2016Florida Supreme Court wasting no time trying to figure impact of Hurst This new article by Chris Geidner for BuzzFeed News reports that the top court in…
Death Penalty
Florida Death Penalty Statute Is Unconstitutional Rules U.S. Supreme Court
By Terry Lenamon / Reba Kennedy
Today, the Supreme Court of the United States released its opinion in Hurst v. Florida. Read the Supreme Court Opinion (including its sole dissent by Justice Alito) here. What has…
Sentencing Law and Policy
A few (too) quick thoughts on the post-Hursthydra
Main January 12, 2016A few (too) quick thoughts on the post-Hurst hydraAs reported in this post, the Supreme Court via Hurst finally clarified today what most sensible folks long argued,…
Sentencing Law and Policy
SCOTUS strikes down Florida’s capital sentencing scheme based on Sixth Amendment
Main January 12, 2016SCOTUS strikes down Florida's capital sentencing scheme based on Sixth AmendmentThe big news from SCOTUS this morning was a big (and notably short) ruling declaring unconstitutionally Florida's…
Sentencing Law and Policy
“Child Pornography Sentencing in the Sixth Circuit”
Main December 24, 2015"Child Pornography Sentencing in the Sixth Circuit"The title of this post is the title of this notable new papaer by Carissa Byrne Hessick now available via SSRN.…
Sentencing Law and Policy
Making a space for the airing of sentencing grievances this Festivus
Main December 23, 2015Making a space for the airing of sentencing grievances this FestivusAmong the many ways I reveal (to myself) my age and geeky nature is by still getting…
Sentencing Law and Policy
Supreme Court takes up Montana case to resolve applicability of Sixth Amendment speedy trial right to sentencing
Main December 6, 2015Supreme Court takes up Montana case to resolve applicability of Sixth Amendment speedy trial right to sentencingThe major matter among the cases that the Supreme Court decided…
Sentencing Law and Policy
Does the Sixth or Eighth Amendment matter more for jury’s role in capital punishment?
Main October 12, 2015Does the Sixth or Eighth Amendment matter more for jury's role in capital punishment?The question in the title of this post is the primary uncertainty likely to…
Sentencing Law and Policy
Via summary reversal, SCOTUS rejects state court determination of ineffective defense
Main October 5, 2015Via summary reversal, SCOTUS rejects state court determination of ineffective defenseAt the end of this long SCOTUS order list (which kind of marks the official start of…
Sentencing Law and Policy
Split en banc Third Circuit struggles through how to review and assessAlleyneerror
Main September 16, 2015Split en banc Third Circuit struggles through how to review and assess Alleyne errorA decade ago, way back in the early Blakely and Booker days, this blog…