Pennsylvania statutes that allow a sentencing judge to impose a mandatory minimum after taking into account details that the trial jury has not verified beyond a reasonable doubt do not conflict with recent U.S. Supreme Court decisions, an en banc panel of the Superior Court has held in a 6-3 ruling.
In Commonwealth v. Kleinicke, the Superior Court panel had to consider three U.S. Supreme Court opinions that significantly changed the face of American sentencing guideline jurisprudence: Apprendi, Blakely and Booker.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
