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Two very different takes on Ice

By Douglas A. Berman

Two top-notch court watchers have two very different perspectives on what yesterday's oral argument in Oregon v. Ice might mean for the future of the Apprendi/Blakely line of Sixth Amendment cases.  Lyle Denniston, in this long post at SCOTUSblog, starts his summary of the Ice argument this way:With Justice Stephen G. Breyer waging, seemingly alone, a rear-guard effort to limit juries' fact-finding role in determining criminal sentences, the Supreme Court on Tuesday displayed a strong inclination to stay on course in the eight-year effort to add to the jury?s power. In sharp contrast, Kent Scheidegger, in this long post at Crime and Consequences, ends his post with this radically different assessment: This looks pretty good for the state...continue to full post

Full post as published by Sentencing Law and Policy on October 15, 2008 (boomark / email).