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Cunningham v. California, No. 05-6551 (U.S. Supreme Court) (549 U.S. 270; 127 S.Ct. 856) (January 22, 2007) (Justice Ginsburg)

In its latest attempt to bring some clarity to the confusion it created with its Apprendi/Blakely/Booker line of cases, the Supreme Court held, by a 6-to-3 vote, that California's "determinate sentencing law" is unconstitutional because it allows judges, not juries, to find facts that lead to higher criminal sentences. The ...

 

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