Legal Opinion
State v. Jefferson
Supreme Court of Louisiana
Decided December 1, 2009No. 2008-KA-2204PublishedCited by 12 opinions
1Opinion of the Court
WEIMER, Justice. 1
11 This matter arises from a challenge to the constitutionality of Louisiana’s possession of marijuana, second offense, law. This case is before us on direct appeal from a judgment declaring LSA-R.S. 40:966(E)(2) unconstitutional on grounds that the statute improperly allows the State to use a prior misdemeanor conviction of possession of marijuana, first offense, obtained in a proceeding in which there was no right to trial by jury, to increase the statutory maximum penalty available for a second offense possession of marijuana. 2 The district court found that the State’s…
2Cases cited22 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Ring v. ArizonaSupreme Court of the United States · 2002
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. JuengainLouisiana Court of Appeal · 2010
- State v. GeorgeLouisiana Court of Appeal · 2010
- State v. WhiteLouisiana Court of Appeal · 2010
- State v. ButlerLouisiana Court of Appeal · 2010
- State v. HunterLouisiana Court of Appeal · 2015
7 more not listed; retrieve them via the Exa API.