56 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,625 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
  2. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,610 times   17 Legal Analyses
    Holding that “[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts ‘which the law makes essential to the punishment,’ and the judge exceeds his proper authority”
  3. Alleyne v. United States

    570 U.S. 99 (2013)   Cited 8,120 times   18 Legal Analyses
    Holding any fact that increases the mandatory minimum sentence for a crime must be submitted to a jury
  4. Mathis v. United States

    136 S. Ct. 2243 (2016)   Cited 4,378 times   7 Legal Analyses
    Holding that the categorical approach's reliance upon elements rather than means "does not change when a statute happens to list possible alternative means of commission"
  5. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,291 times   4 Legal Analyses
    Holding that the "jury-trial guarantee proscribes a sentencing scheme that allows a judge to impose a sentence above the statutory maximum based on a fact, other than a prior conviction, not found by the jury or admitted by the defendant"
  6. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,531 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment
  7. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,998 times   50 Legal Analyses
    Holding that “[i]f a State makes an increase in a defendant's authorized punishment contingent on the finding of a fact, that fact—no matter how the State labels it—must be found by a jury beyond a reasonable doubt”
  8. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,221 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"
  9. Oregon v. Ice

    555 U.S. 160 (2009)   Cited 1,251 times   5 Legal Analyses
    Holding that Apprendi and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 do not apply to findings of fact necessary for the imposition of consecutive sentences
  10. Hurst v. Florida

    577 U.S. 92 (2016)   Cited 960 times   5 Legal Analyses
    Holding Florida's former death penalty sentencing scheme unconstitutional because "[t]he Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death"
  11. Section 2929.14 - [Effective 6/12/2024] Definite prison terms

    Ohio Rev. Code § 2929.14   Cited 12,246 times   1 Legal Analyses
    Describing the penalty for a felony of the fifth degree
  12. Section 706-662 - Criteria for extended terms of imprisonment

    Haw. Rev. Stat. § 706-662   Cited 123 times
    Asking whether "the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant's sentence from a ... possible life term of imprisonment" to a "definite life term of imprisonment"
  13. Section 2303 - Penalties for first and second degree murder

    Vt. Stat. tit. 13 § 2303   Cited 77 times
    Setting twenty-year minimum imprisonment for second-degree murder