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Cunningham Vs. California
Cites for this judgment
- US Supreme Court
- Jan 22, 2007
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Syllabus October Term, 2006 Cunningham V. CaliforniaSearch
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Court of Appeal affirmed. The State Supreme Court denied review, but in a decision published nine days earlier, People v. BlackSearch
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a) In Apprendi v. NewSearch
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The Court has applied the rule of Apprendi to facts subjecting a defendant to the death penalty, Ring v. ArizonaSearch
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s Sentencing Reform Act (Reform Act), Blakely v. WashingtonSearch
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and facts triggering a sentence range elevation under the then-mandatory Federal Sentencing Guidelines, United States v. BookerSearch
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Blakely, 542 U. S., at 313, in People v. BlackSearch
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raising questions trained on that matter. Claiborne v. UnitedSearch
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Rita v. UnitedSearch
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Breyer, J., joined. Alito, J., filed a dissenting opinion, in which Kennedy and Breyer, JJ., joined. Cunningham v. CaliforniaSearch
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Opinion of the Court Cunningham V. CaliforniaSearch
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Supreme Court of the United States No. 05-6551 John Cunningham, Petitioner V. CaliforniaSearch
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Brief any citation in this list with AI Studio
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maximum based on a fact, other than a prior conviction, not found by a jury or admitted by the defendant. Apprendi v. NewSearch
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that court considered the question here presented and held that the DSL survived Sixth Amendment inspection. People v. BlackSearch
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Rule 4.420(b), a clear factfinding directive to which there is no exception. See People v. HallSearch
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People v. WileySearch
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this rule is rooted in longstanding common-law practice, its explicit statement in our decisions is recent. In Jones v. UnitedSearch
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at issue to avoid the question, the Jones opinion presaged our decision, some 15 months later, in Apprendi v. NewSearch
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Amendment proscribed the enhanced sentence. 530 U. S., at 471. Other than a prior conviction, see Almendarez-Torres v. UnitedSearch
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U. S., at 490. See also Harris v. UnitedSearch
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since reaffirmed the rule of Apprendi , applying it to facts subjecting a defendant to the death penalty, Ring v. ArizonaSearch
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s Sentencing Reform Act, Blakely v. WashingtonSearch
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Brief for Respondent in Blakely v. WashingtonSearch
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Claiborne v. UnitedSearch
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and Rita v. UnitedSearch
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The Colorado Supreme Court has adopted this approach as an interim solution. Lopez v. PeopleSearch
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State Legislative Responses to Blakely v. WashingtonSearch
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c) (2005 Supp.). Cunningham v. CaliforniaSearch
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Kennedy, J., Dissenting Cunningham V. CaliforniaSearch
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in full, well explains why the Court continues in a wrong and unfortunate direction in the cases following Apprendi v. NewSearch
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Jersey , 530 U. S. 466 (2000). See, e.g., United States v. BookerSearch
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Jones v. UnitedSearch
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to develop systems of guided discretion within the general constraint that Apprendi imposes. Cunningham v. CaliforniaSearch
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Alito, J., Dissenting Cunningham V. CaliforniaSearch
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any constitutionally significant respect from the advisory Guidelines scheme that the Court approved in United States v. BookerSearch
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same should be true with regard to the California system. I therefore respectfully dissent. I In Apprendi v. NewSearch
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see also Harris v. UnitedSearch
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within the broad sentencing ranges imposed by the criminal statutes. Dorszynski v. UnitedSearch
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People v. BlackSearch
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People v. HernandezSearch
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Cal. 3d 194, 205, 757 P. 2d 1013, 1019, (1988) (in bank), overruled on other grounds, People v. KingSearch
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In Apprendi v. NewSearch
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Sentencing Reform Act (Reform Act), Blakely v. WashingtonSearch
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Federal Sentencing Guidelines, United States v. BookerSearch
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John Cunningham, Petitioner V. CaliforniaSearch
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Apprendi v. NewSearch
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See People v. HallSearch
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