Legal Opinion

State v. Clarke

Washington Supreme Court

Decided May 11, 2006No. 76602-9PublishedCited by 53 opinions

1Opinion of the Court

¶[1 After two juries convicted John Mark Clarke of two counts of second degree rape, the sentencing court imposed a maximum sentence of life imprisonment as required by statute. The sentencing court also imposed an “exceptional minimum sentence,” which is a sentence in excess of the standard sentence range for the crimes charged, based on two aggravating factors. Clarke challenges the constitutionality of his exceptional minimum sentence under Blakely v. Washington, 542 U.S. 296, 124 S. *884Ct. 2531, 159 L. Ed. 2d 403 (2004). We hold that Blakely does not apply to an exceptional minimum sentence…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Ring v. ArizonaSupreme Court of the United States · 2002
  4. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  5. United States v. GaudinSupreme Court of the United States · 1995

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3Cited by53 opinions

  1. Vensor v. PeopleSupreme Court of Colorado · 2007
  2. State v. HughesWashington Supreme Court · 2009
  3. State v. HughesWashington Supreme Court · 2009
  4. State v. BobenhouseWashington Supreme Court · 2009
  5. State v. BobenhouseWashington Supreme Court · 2009

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

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