Alleyne v. United States, the Supreme Court dropped the biggest bombshell on criminal sentencing since Booker in 2005. The holding is relatively simple, overruling the 2002 case Harris v. United States to find that any fact which increases the minimum sentence for a crime must be proved to a jury beyond a reasonable doubt and cannot be found by a judge on a preponderance standard. This renders current federal sentencing procedure unconstitutional and invalidates the sentencing schemes in a large number state jurisdictions. It's an important decision that has been a long time coming, but it leaves some big questions unanswered.
Monday, June 24, 2013
Thursday, June 6, 2013
|Maine's Law Factory|
Maine is one of the few states that are considering legislation to regulate access to cellphone records. L.D. 415, sponsored by Assistant Senate Minority Leader Roger Katz, R-Augusta, an attorney, would force police to get warrants to access location information from cellphones or other GPS-enabled devices, except in emergencies such as imminent threats of bodily harm.