11-2766 U.S. v. Elliott
11-3281 U.S. v. Wolfe
2012AP958 In the matter of the mental commitment of Mary F.-R.
2010AP1192-CR State v. Smith
2011AP1220 McCarthy v. McCarthy
Criminal Procedure Right to jury; reimprisonment It does not violate the right to a jury trial to impose reimprisonment after revocation of supervised release, to a term that, combined with previous confinements, exceeds the maximum sentence. “McIntosh contends that our decision in Colt is no longer controlling because it was decided before Apprendi’s release. But [...]
Sentencing Right to jury A fact that triggers a mandatory minimum can be found by the judge by a preponderance of the evidence, rather than proven beyond a reasonable doubt. “Logically, there is no reason why this simple binary rule should not also apply to mandatory minimums. Whether labeled an element or a sentencing factor, [...]
