US Supreme Court issues opinions in 2 criminal cases

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This morning the United States Supreme Court issued opinions in two criminal cases.

In Oregon v. Ice, the Court issues a 5-4 decision in which it holds that there is no constitutional violation based upon a judge's imposition of consecutive sentences based upon facts that were not found by the jury.  An Oregon statute provides that sentences for multiple crimes are to be served concurrently unless the trial judge finds that the crimes did not occur as part of the same course of conduct or resulted in separate harms.  The majority opinion is authored by Justice Ginsburg and joined by Justices Alito, Breyer, Kennedy and Stevens. Justice Scalia authored a dissenting opinion which was joined by Chief Justice Roberts and Justices Souter and Thomas. 

In Herring v. U.S., the Court issues a 5-4 decision in which it holds that evidence of a crime is not subject to the Exclusionary Rule if police obtained it while relying on erroneous information supplied by another police officer, unless the situation involves a systemic error or reckless disregard of constitutional requirements.  The majority opinion is authored by Chief Justice Roberts and joined by Justices Alito, Kennedy, Scalia and Thomas.  Justice Ginsburg authored a dissenting opinion which was joined by Justices Breyer, Souter and Stevens.  Justice Breyer filed another dissenting opinion that was joined by Justice Souter. 

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This page contains a single entry by JoNell published on January 14, 2009 9:39 AM.

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