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Re-lists has experts pondering possible SCOTUS reconsideration of Almendarez-Torres

By Douglas A. Berman

Anyone who has missed deep discussions of the Sixth Amendment and Apprendi jurisprudence in recent sentencing discussions ? and you know who you are, fellow sentencing geeks ? will likely get real excited upon reading this terrific new post by John Elwood at SCOTUSblog, which is titled "Re-list watch: Will the Court reconsider Almendarez-Torres?".  The post merits a close read in full by all Apprendi aficionados, as this partial excerpt from the start and end of the post highlight: In the landmark decision Apprendi v. New Jersey (2000), the Supreme Court held that a judge may increase a sentence only if the enhancement was based upon facts found by a jury beyond a reasonable doubt.  The rule recognized only a single exception (and that grudgingly): the fact of a prior conviction, which the Court had narrowly upheld in Almendarez-Torres v...continue to full post

Full post as published by Sentencing Law and Policy on January 27, 2011 (boomark / email).