State v. Norris
Supreme Court of North Carolina
1Opinion of the Court
NEWBY, Justice.
The issue is whether the trial court violated the defendant’s Sixth Amendment right to jury trial, as construed in Blakely v. Washington, 542 U.S. 296 (2004), and State v. Allen, 359 N.C. 425, 615 S.E.2d 256 (2005), when it found an aggravating factor but imposed a sentence within the presumptive range. Because we hold these facts do not implicate the Sixth Amendment, we reverse the Court of Appeals.
I. BACKGROUND
Following his indictment for first-degree arson, defendant was tried during the 30 September 2003 Criminal Session of Robeson County Superior Court. Evidence introduced…
2Cases cited11 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
- Duncan v. LouisianaSupreme Court of the United States · 1968
- State v. AllenSupreme Court of North Carolina · 2005
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3Cited by19 opinions
- United States v. SimmonsCourt of Appeals for the Fourth Circuit · 2011
- State v. JamesSupreme Court of North Carolina · 2018
- State v. LailCourt of Appeals of North Carolina · 2016
- State v. WhittedCourt of Appeals of North Carolina · 2011
- State v. LeeCourt of Appeals of North Carolina · 2016
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