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New SCOTUS crim law opinions

By cdw

Harmful Error notes: This morning the United States Supreme Court issued opinions in two criminal cases. In Oregon v. Ice, the Court issues a 5-4 decision in which it holds that there is no constitutional violation based upon a judge’s imposition of consecutive sentences based upon facts that were not found by the jury.  An Oregon statute provides that sentences for multiple crimes are to be served concurrently unless the trial judge finds that the crimes did not occur as part of the same course of conduct or resulted in separate harms.  The majority opinion is authored by Justice Ginsburg and joined by Justices Alito, Breyer, Kennedy and Stevens. Justice Scalia authored a dissenting opinion which was joined by Chief Justice Roberts and Justices Souter and Thomas...continue to full post

Full post as published by Capital Defense Weekly on January 14, 2009 (boomark / email).