Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
An intriguing note onBlakelyand “civil” remedies
Main December 4, 2006An intriguing note on Blakely and "civil" remediesThe latest issue of the Columbia Law Review includes an interesting Note exploring how Blakely might affect orders of restitution…
Sentencing Law and Policy
Another capital twist on confrontation at sentencing
Main August 18, 2006Another capital twist on confrontation at sentencingEarlier this week, as detailed here, the Arizona Supreme Court decided that Crawford and the Confrontation Clause are inapplicable at the…
Sentencing Law and Policy
More evidence of Justice Scalia’s move left
Main June 26, 2006More evidence of Justice Scalia's move leftAfter reading Gonzalez-Lopez, the interesting right-to-counsel decision by the Supreme Court (available here), I wonder if the folks who attacked Justice…
Sentencing Law and Policy
A revised draft of “ConceptualizingBooker”
Main May 15, 2006A revised draft of "Conceptualizing Booker"Back in February, I posted here an early draft of my article entitled "Conceptualizing Booker," to appear in the Arizona State Law…
Sentencing Law and Policy
Notable Seventh Circuit ruling on procedural rights in revocation proceedings
Main May 2, 2006Notable Seventh Circuit ruling on procedural rights in revocation proceedingsThe Seventh Circuit today in US v. Kelley, No. 05-1884 (7th Cir. May 2, 2006) (available here), issued…
Sentencing Law and Policy
Reviewing Alito’s work in criminal cases
Main December 25, 2005Reviewing Alito's work in criminal casesThe New York Times has this story discussing Judge Sam Alito's work in criminal cases while on the Third Circuit. Here's the…
Sentencing Law and Policy
Indiana Supreme Court gives broad interpretation to prior conviction exception
Main December 15, 2005Indiana Supreme Court gives broad interpretation to prior conviction exceptionThe Indiana Supreme Court this week finally resolved Ryle v. State, a major Apprendi's "prior conviction" exception case…
Sentencing Law and Policy
Minnesota Supreme Court limits reach of “prior conviction” exception
Main December 1, 2005Minnesota Supreme Court limits reach of "prior conviction" exceptionWhile the federal courts, aided by Booker, continue to undermine Fifth and Sixth Amendment procedural rights at sentencing (see,…
Sentencing Law and Policy
DoesBlakelydraw a bright line? What is that line?
Main October 23, 2005Does Blakely draw a bright line? What is that line?Back in August 2004, right after Blakely was decided, super-SCOTUS-litigator Jeff Fisher wrote this article highlighting the "virtues…
Sentencing Law and Policy
Justice Scalia on Sixth Amendment errors as structural
Main October 18, 2005Justice Scalia on Sixth Amendment errors as structuralThe Court's fascinating and important decision to grant cert in Recuenco to consider whether Blakely error can be harmless (basics…