Smart v. State
Court of Appeals of Alaska
1Opinion of the Court
*17OPINION
MANNHEIMER, Judge.
In Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2581, 159 L.Ed.2d 408 (2004), the United States Supreme Court held that, under the Sixth and Fourteenth Amendments, a criminal defendant has the right to trial by jury-including the right to demand proof beyond a reasonable doubt-on any issue of fact (other than a prior conviction) that will increase the maximum penalty to which the defendant may be subjected.
The question presented to this Court is whether the right to jury trial recognized in Blakely v. Washington should be applied retroactively-that is, whether this…
Also in this document: Concurrence.
2Cases cited101 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Wainwright v. SykesSupreme Court of the United States · 1977
- Teague v. LaneSupreme Court of the United States · 1989
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3Cited by6 opinions
- State v. SmartAlaska Supreme Court · 2009
- Carmichael v. StateSupreme Judicial Court of Maine · 2007
- Charles v. StateCourt of Appeals of Alaska · 2012
- Malloy v. StateCourt of Appeals of Alaska · 2007
- Billum v. StateCourt of Appeals of Alaska · 2006
1 more not listed; retrieve them via the Exa API.