Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
Coping withCunningham
Main February 27, 2007Coping with Cunningham A helpful reader has sent me a recent California Court of Appeal case which, in order to help cope with the Cunningham fallout, holds…
Sentencing Law and Policy
Justice Scalia’s Theory of Appellate Review and the Sixth Amendment
Main February 20, 2007Justice Scalia's Theory of Appellate Review and the Sixth Amendment[Posted by Ron Wright] The oral argument transcripts for Rita are now available online. On a quick first…
Sentencing Law and Policy
Bowman Sorts theRita/ClaiborneArguments
Main February 17, 2007Bowman Sorts the Rita/Claiborne Arguments[Posted by Ron Wright]Just in time for the oral arguments in Claiborne and Rita, Frank Bowman has drafted a reader's guide to the…
Sentencing Law and Policy
More strong analysis ofCunninghamopinions
Main February 17, 2007More strong analysis of Cunningham opinionsVik Amar, writing this time with his colleague Aaron Rappaport, has at FindLaw this great second commentary on Cunningham. The first one…
Sentencing Law and Policy
Revving up forClaiborneandRita: a series and background
Main February 6, 2007Revving up for Claiborne and Rita: a series and backgroundTwo weeks from today, the Supreme Court will hear oral arguments in Claiborne and Rita, two cases that…
Sentencing Law and Policy
Just what doesCunninghammean forClaiborneandRita?
Main January 31, 2007Just what does Cunningham mean for Claiborne and Rita?In my first read of the Supreme Court's Cunningham decision (essentials here), I made particular note of this line:…
Sentencing Law and Policy
CJ Roberts and sentencing law: hisCunninghamwork
Main January 23, 2007CJ Roberts and sentencing law: his Cunningham workAlmendarez-Torres, Jones, Apprendi, Harris, Blakely, and Booker, the six major (non-capital) Sixth Amendment rulings of the Rehnquist Court, were all…
Sentencing Law and Policy
Justice Ginsburg’s majority opinion inCunningham
Main January 22, 2007Justice Ginsburg's majority opinion in CunninghamI am about to head to a coffee shop with a hard-copy of Justice Ginsburg's majority opinion in order to make sure…
Sentencing Law and Policy
Still more long weekend sentencing reading
Main January 15, 2007Still more long weekend sentencing readingIf you have somehow made it through the articles noted here and here, then you are ready for a new Blakely piece…
Sentencing Law and Policy
First Circuit rejects application of Sixth Amendment to mandatory restitution
Main December 7, 2006First Circuit rejects application of Sixth Amendment to mandatory restitutionFormally joining other circuits in limiting the reach of Blakely and Booker, the First Circuit in US v.…