Bounpone B. Sasouvong, petitioner v. Washington, respondent, on petition for writ of certiorari to the Washington Court of Appeals, Division I: petition for a writ of certiorari
Bounpone B. Sasouvong, Elaine L. Winters, Thomas C. Goldstein, Jeffrey L. Fisher, Pamela S. Karlan, Amy Howe, Kevin K. Russell, United States. Supreme Court, Stanford University. Supreme Court Litigation Clinic
Wilson-Epes Printing, 2007 - Law - 71 pages
Question presented: Whether a criminal defendant's right to a jury trial under the Sixth and Fourteenth Amendments is violated when a prior juvenile adjuciation--not itself decided by a jury--is used by a judge to impose a longer sentence than otherwise would be permissable.
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PETITION FOR A WRIT OF CERTIORARI
B The Constitutional Question Presented Is Extremely
This Case Is an Ideal Vehicle for Resolving
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9th Cir adult convictions alleged Almendarez-Torres Apprendi rule ApprendVs prior conviction assault conviction attorney's BOUNPONE cert Code Court of Appeals crime Criminal Sentencing defendant's sentence degree assault degree attempted murder deliberate disregard denied double jeopardy purposes due process enhance exclude evidence hold increase a defendant's Jones jury trial Juvenile Justice Act juvenile justice system juvenile proceedings legislature lesser included offense lesser offense Manzo Ninth Circuit nonjury juvenile adjudications offender score offense for double Oregon Supreme Court Petitioner petitioner's prejudicial prescribed statutory maximum pretrial order prior conviction exception prior juvenile adjudications prosecuting attorney committed prosecutorial misconduct punishment reasonable doubt rehabilitation Resp't reversible error right to trial Sasouvong second degree attempted seriousness level Sixth Amendment Smalley standard range state's sufficient procedural safeguards tattoo three-strikes law Tighe trial by jury trial court U.S. CONST vacate violated VRP June Wash Wash.2d Washington Supreme Court Weber argues Weber's juvenile adjudications