Friday, July 06, 2012

Couple of cert petitions on juvenile priors

Here and here are a couple of cert petitions that we recently filed seeking review of whether the state can use juvenile adjudications as priors without proof to a jury beyond a reasonable doubt.  We have been seeking resolution of that question (on which there is a deep split of authority) almost ever since Apprendi was decided (see our previous blog discussion here and here and here).  Recently on Sentencing Law and Policy, Doug Berman noted (here) that a similar case had made the SCOTUS relist, prompting him to wonder if there was any interest from the SCOTUS in finally resolving this split.  Although the SCOTUS denied the petition prompting Berman's post in May, these petitions are in that same line.

[Update: the SCOTUS denied the petitions without comment on October 1, 2012.]

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