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Shepard Vs. United States
Cites for this judgment
- US Supreme Court
- Mar 07, 2005
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Shepard v. UnitedSearch
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States - 03-9168 (2005) Syllabus October Term, 2004 Shepard V. UnitedSearch
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States Supreme Court of the United States Shepard V. UnitedSearch
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is a violent crime under the ACCA, Taylor v. UnitedSearch
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joined by Justice Stevens, Justice Scalia, and Justice Ginsburg, concluded in Part III that the rule in the Jones v. UnitedSearch
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States, 526 U. S. 227 , 243, n. 6, and Apprendi v. NewSearch
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a generic State when a judicial finding of a disputed prior conviction is made on the authority of Almendarez-Torres v. UnitedSearch
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Justice Thomas agreed that the Court should not broaden the scope of the evidence judges may consider under Taylor v. UnitedSearch
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U. S. 575 , because it would give rise to constitutional error, not constitutional doubt. Both Almendarez-Torres v. UnitedSearch
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in which Kennedy and Breyer, JJ., joined. Rehnquist, C. J., took no part in the decision of the case. Shepard v. UnitedSearch
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States - 03-9168 (2005) Opinion of the Court Shepard V. UnitedSearch
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Supreme Court of the United States No. 03-9168 Reginald Shepard, Petitioner V. UnitedSearch
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not in a boat or motor vehicle. In Taylor v. UnitedSearch
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to his ample criminal record. On appeal the First Circuit, following its earlier decision in United States v. HarrisSearch
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and the claim to adhere to case law is generally powerful once a decision has settled statutory meaning, see Patterson v. McLeanSearch
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the possible federal sentence must be found by a jury, in the absence of any waiver of rights by the defendant. Jones v. UnitedSearch
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see also Apprendi v. NewSearch
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Courts of Appeals have taken a similar view, approving the use of some or all of these documents. United States v. BonatSearch
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United States v. ManessSearch
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United States v. SmithSearch
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pressed to explain. Footnote 5 The dissent charges that our decision may portend the extension of Apprendi v. NewSearch
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prejudice is too high can waive the right to have a jury decide questions about his prior convictions. Shepard v. UnitedSearch
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States - 03-9168 (2005) Opinion of Thomas, J. Shepard V. UnitedSearch
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Justice Thomas, concurring in part and concurring in the judgment. Apprendi v. NewSearch
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s decision an unnecessary exercise. Nevertheless, the plurality today refines the rule of Taylor v. UnitedSearch
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The need for further refinement of Taylor endures because this Court has not yet reconsidered Almendarez-Torres v. UnitedSearch
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Harris v. UnitedSearch
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the Court rejects gives rise to constitutional error, not doubt, I cannot join Part III of the opinion. Shepard v. UnitedSearch
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States - 03-9168 (2005) O'Connor, J., Dissenting Shepard V. UnitedSearch
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e)(2)(B)(ii). We held in Taylor v. UnitedSearch
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s use of that one example did not purport to be exhaustive. See ante, at 6. See also United States v. HarrisSearch
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Commonwealth v. DelVerdeSearch
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Id. , at 297, 496 N. E. 2d, at 1363. See also Commonwealth v. ColonSearch
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footnote omitted)). Cf. Commonwealth v. FordeSearch
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of the Court defends its rule as necessary to avoid a result that might otherwise be unconstitutional under Apprendi v. NewSearch
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dissenting opinion). See also Jones v. UnitedSearch
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determined by the judge, Almendarez-Torres v. UnitedSearch
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the ACCA, Taylor v. UnitedSearch
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the Jones v. UnitedSearch
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and Apprendi v. NewSearch
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of Almendarez-Torres v. UnitedSearch
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Taylor v. UnitedSearch
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Both Almendarez-Torres v. UnitedSearch
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Opinion of the Court Shepard V. UnitedSearch
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Reginald Shepard, Petitioner V. UnitedSearch
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In Taylor v. UnitedSearch
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United States v. HarrisSearch
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