Erlinger v. United States, USSC No. 23-370, June 21, 2024, vacating United States v. Erlinger, 77 F.4th 617 (7th Cir. 2023); Scotusblog page (with links to briefs and commentary) Whether offenses committed on three “occasions different from one another” for purposes of federal Armed Career Criminal Act must be found by a jury beyond a… Read more
a. Apprendi
Everyone once in awhile–sometimes around Groundhog Day–our former colleague emerges to post some entertaining comments about a significant development in the law. These remarks about a SCOTUSblog “petition of the day” filed in Ohio v. Hand, now pending, were cut and pasted from Bill’s Facebook page. Can a prior juvenile delinquency adjudication, obtained without affording the right to a… Read more
The Supreme Court of Ohio recently answered that question “no.” State v. Hand, 2016 Ohio 5504, 2016 WL 4486068, 8/25/16. Hand rejects the majority position on this question, and instead adopts the position of the Ninth Circuit in United States v. Tighe, 266 F.3d 1187 (9th Cir. 2001), holding that the lack of a jury trial in juvenile… Read more
Charles Walker v. Kathy Griffin, 7th Circuit Court of Appeals No. 15-2147, 2016 WL 4501988, 8/29/16 Walker’s lawyer on his direct state appeal decided to challenge the reasonableness of Walker’s sentence, but he didn’t raise an issue about the sufficiency of the evidence to support applying an habitual offender enhancer to Walker. That failure didn’t constitute… Read more
Hurst v. Florida, USSC No. 14-7505, 2016 WL 112683 (January 12, 2016); reversing and remanding Hurst v. State, 147 So.3d 435 (Fla. 2014); Scotusblog page (includes links to briefs and commentary) In Florida the jury makes a recommendation as to whether to impose the death penalty, but the judge then holds a separate sentencing hearing and… Read more
State v. Lonel L. Johnson, Jr., 2014AP2888-CR, District 3, 9/15/15 (not recommended for publication); case activity High fives for the defense! The domestic abuse repeater enhancer applied to this defendant increased his maximum penalty for the charged offense. Thus, the court of appeals held (and the State conceded) that the jury had to find, beyond a reasonable doubt, that… Read more
State v. Rogelio Guarnero, 2015 WI 72, 7/9/15, affirming a published court of appeals decision; majority by Roggensack; dissent by Bradley (joined by Abrahamson); case activity (including briefs) In a decision that is short on analysis and long on Sixth Amendment problems, the supreme court holds that Guarnero’s prior conviction for conspiring to violate the Federal Racketeer Influenced and… Read more
Question presented: Whether Florida’s death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court’s decision in Ring v. Arizona, 536 U.S. 584 (2002). Lower court decision: Hurst v. State, 147 So.3d 435 (Fla. 2014) Docket Scotusblog page Because this is a death penalty case, the decision in this case will… Read more
