Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
New York’s highest court rejects again Sixth Amendment challenge to its persistent felony offfender law
Main February 25, 2009New York's highest court rejects again Sixth Amendment challenge to its persistent felony offfender lawA helpful reader alerted me to a new opinion from the New York…
Sentencing Law and Policy
California Supreme Court to addressCunninghamretroactivity
Main February 1, 2009California Supreme Court to address Cunningham retroactivityThanks to this post at C&C, I see that the Califorina Supreme Court is due to hand down on opinion on…
Sentencing Law and Policy
Another potent sentencing dissent from the Sixth Circuit’s Judge Merritt
Main January 30, 2009Another potent sentencing dissent from the Sixth Circuit's Judge MerrittSixth Circuit Judge Gil Merritt should be known as the great sentencing dissenter because he continues to speak…
Sentencing Law and Policy
Why did Justice Stevens, the author ofApprendi, vote toIceSixth Amendment jury rights?
Main January 14, 2009Why did Justice Stevens, the author of Apprendi, vote to Ice Sixth Amendment jury rights?There are lots of interesting and surprising aspects to the Supreme Court's Ice…
Sentencing Law and Policy
Some choice quotes from the two opinions inOregon v. Ice
Main January 14, 2009Some choice quotes from the two opinions in Oregon v. IceFor reasons I will explain in future posts, the Supreme Court's work today in the Apprendi-Blakely Sixth…
Sentencing Law and Policy
Fascinating SCOTUS split in rejectingBlakely’s application to consecutive sentencing
Main January 14, 2009Fascinating SCOTUS split in rejecting Blakely's application to consecutive sentencingThe Supreme Court has today handed down its latest Blakely ruling with its decision in Oregon v. Ice.…
ImmigrationProf Blog
AG Overrules Lozada and Assaad
On his way out the door, Attorney General Mukasey is leaving with a bang.Matter of Compean, Bangaly, JEC, 24 I&N Dec. 710 (A.G. 2009) ID #3632http://www.usdoj.gov/eoir/vll/intdec/vol24/3632.pdfhttp://www.usdoj.gov/eoir/vll/intdec/vol24/3632.pdf(1) Aliens in removal proceedings…
Idaho Criminal Defense Blog
Death Penalty Reversal – Case o’ the Week
So here we go again - another Case o' the Week from the Ninth Circuit Blog deserves our attention. Headlines: Prosecutor's Mis-statements Result in Overturned Death Penalty. But not here,…
Sentencing Law and Policy
Fascinating amicus brief filed inPolizzicase
Main November 19, 2008Fascinating amicus brief filed in Polizzi caseRegular readers may recall US District Judge Jack Weinstein's fascinating Polizzi decision earlier this year, in which he ruled that he…
EvidenceProf Blog
Compulsion: Court Finds Failure To Execute Body Attachment Violated Defendant’s Rights Under The Compulsory Process Clause
By Colin Miller
The Sixth Amendment states that: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and…