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Criminal Law

: Crime and Consequences

A Precursor to Oregon v. Ice

By Kent Scheidegger et al.

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Hat tip to Doug Berman at Sentencing Law and Policy for the post directing us to today's Supreme Court of Tennessee decision in State v. Allen, No. W2005-0285-SC-R11-CD. The decision, authored by Judge Cornelia Clark, addressed whether Tennessee's consecutive sentencing statute "passes constitutional muster" in light of the U.S. Supreme Court holdings of Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004). While Tennessee and Oregon sentencing statutes are different, the issue addressed by the Supreme Court of Tennessee is the same as the one before SCOTUS next term in Oregon v. Ice, 07-901. The Supreme Court of Tennessee declined to extend the rules of Apprendi and Blakely to the defendants in Allen...continue to full post

Full post as published by Crime and Consequences on June 24, 2008 (boomark / email).

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