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Criminal Law

: Sentencing Law and Policy

SCOTUS taking up Apprendi/Blakely consecutive sentencing issue

By Douglas A. Berman

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I am pleased to report that this morning the Supreme Court has announced that it is taking up another important Apprendi/Blakely issue.  From today's SCOTUS order list (which also includes a few Gall and Kimbrough remands), here is the basic story:07-901 OREGON V. ICE, THOMAS E. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following question: Whether the Sixth Amendment, as construed in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), requires that facts (other than prior convictions) necessary to imposing consecutive sentences be found by the jury or admitted by the defendant. Sing it with me, Blakely fans: Ice, Ice Baby...continue to full post

Full post as published by Sentencing Law and Policy on March 17, 2008 (boomark / email).

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