No. 18-6165
Response WaivedIFP
Tags: apprendi-v-new-jersey criminal-procedure due-process judicial-fact-finding jury-trial sentencing-enhancement sentencing-guidelines sixth-amendment trial-by-jury
Key Terms:
Securities
Securities
Latest Conference:
2018-11-02
Question Presented (AI Summary)
Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings found by a jury?
Question Presented (OCR Extract)
QUESTION(S) PRESENTED Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings found by a jury. This Honorable Court has previously held in Apprendi v. New Jersey, 530 US 466, 147 Led2d 435, 120 Sct 2348 (2000)Stands for the proposition that any sentence enhancement not admitted by the defendant or found by a jury violates a defendants sixth amendment right to trial by jury. This not only supports Apprendi but it extends it holdings to the Sentencing guidelines.
Docket Entries
2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-05
Waiver of right of respondent Ohio to respond filed.
2018-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2018)
Attorneys
Ohio
Pamela C. Wells — Ross County Prosecutor's Office, Respondent
Paul E. Rinehart
Paul Rinehart — Petitioner