Bounpone B. Sasouvong, petitioner v. Washington, respondent, on petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit: brief in opposition to petition for writ of certiorari
Bounpone B. Sasouvong, Washington (State), Seth Aaron Fine, United States. Supreme Court, Stanford University. Supreme Court Litigation Clinic
2007 - Law - 32 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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9th Cir adjudications at adult adult sentencing hearing Almendarez-Torres Apprendi purposes Apprendi's prior conviction Attorneys for Respondent basis BOUNPONE SASOUVONG cert denied County Juvenile Court Court Cause Number Court of Appeals decision defendant's argument defendant's guilty plea defendant's motion determination of guilt Disposition Order due process informed and fully Jones judicial notice jurisdiction to consider jury determination jury trial Juvenile Court Cause Juvenile on Plea King County majority of courts majority rule McFee motion to strike offender score offender's sentence Oregon Supreme Court petition Plea of Guilty plead guilty pled prior conviction exception prior juvenile adjudications prior juvenile convictions question reasonable doubt recidivism relevant facts reliability S.Ct sentence enhancement Sixth Amendment Smallev Snohomish County Juvenile Snohomish County Prosecuting standard range State's brief State's Response Brief Statement of Juvenile STRIKE STATE'S strike the State's Superior Court supplement the record Tighe trial court Webb Weber WRIT OF CERTIORARI WSBA