This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Aug. 9, 2004

Justice Stephen G. Breyer

U.S. Supreme Court

WASHINGTON - When a closely divided Supreme Court clamped down on judges' sentencing power at the end of its term, Justice Stephen G. Breyer dissented.
The court held that juries, beyond a reasonable doubt, rather than judges by the lesser preponderance-of-the-evidence standard, must make the findings that justify boosting a sentence above the normal range. Blakely v. Washington, 124 S.Ct. 2531 (U.S. Sct., June 24, 2004).
Breyer complained that, under th... (continued)

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this Judicial Profile for $85
(Purchase provides 7-day access to this Judicial Profile. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails