Legal Opinion
State v. Allen
Supreme Court of Minnesota
Decided November 23, 2005No. A04-127PublishedCited by 45 opinions
1Opinion of the Court
OPINION
PAGE, Justice.
In State v. Shattuck, 704 N.W.2d 131 (Minn.2005), we held that the imposition of an upward durational departure from the presumptive sentence prescribed by the Minnesota Sentencing Guidelines, based solely on facts found by the judge, violates the Sixth Amendment right to trial by jury under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). In this case, we are asked to decide whether an upward dispositional departure executing the presumptive stayed sentence under the guidelines, based on judicially found facts without the aid of a jury, is…
2Cases cited25 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
- Ring v. ArizonaSupreme Court of the United States · 2002
- Shepard v. United StatesSupreme Court of the United States · 2005
20 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State v. PierceSupreme Court of New Jersey · 2006
- State v. FaganSupreme Court of Connecticut · 2006
- People v. TowneCalifornia Supreme Court · 2008
- State v. OsborneSupreme Court of Minnesota · 2006
- State v. JonesWashington Supreme Court · 2006
40 more not listed; retrieve them via the Exa API.