Legal Opinion

State v. Barker

Supreme Court of Minnesota

Decided November 17, 2005No. A04-1453PublishedCited by 33 opinions

1Opinion of the Court

OPINION

HANSON, Justice.

Respondent Duane Barker was convicted of possession of a controlled substance. The district court sentenced him under Minn.Stat. § 609.11 (2004) (providing for a mandatory minimum sentence of 36 months after a judicial finding of firearm possession during the commission of a predicate offense) to 36 months in prison. The court of appeals reversed the sentence as violating Barker’s Sixth Amendment right to a jury trial based on Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The state sought further review, arguing that sentencing under the…

2Cases cited15 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Taylor v. United StatesSupreme Court of the United States · 1990
  5. Shepard v. United StatesSupreme Court of the United States · 2005

10 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State v. RourkeSupreme Court of Minnesota · 2009
  2. State v. ChauvinSupreme Court of Minnesota · 2006
  3. State v. DettmanSupreme Court of Minnesota · 2006
  4. State v. McFeeSupreme Court of Minnesota · 2006
  5. State v. MeldeSupreme Court of Minnesota · 2006

28 more not listed; retrieve them via the Exa API.

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