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Right to jury

Dec 20, 2012

Criminal Procedure – right to jury

11-2766 U.S. v. Elliott

Dec 5, 2012

Sentencing – restitution — right to jury

11-3281 U.S. v. Wolfe

Oct 2, 2012

Civil Commitment — equal protection — right to jury

2012AP958 In the matter of the mental commitment of Mary F.-R.

Jul 12, 2012

Criminal Procedure — right to jury

2010AP1192-CR State v. Smith

Jan 21, 2011

10-1936 U.S. v. McIntosh

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 […]

Dec 7, 2010

09-1333 U.S. v. Krieger

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, […]

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