dbo:abstract
|
- Washington v. Recuenco, 548 U.S. 212 (2006), is the United States Supreme Court case of Recuenco, a man who was convicted of second-degree assault after he threatened his wife with a handgun, and subsequently sentenced by the Washington Supreme Court based not only on the conviction, but based on Recuenco's use of a handgun, charged as assault with a deadly weapon. His sentencing included a three-year enhancement, a standard based on his being armed with a firearm, which is greater than the one-year enhancement he would have received for assault with a deadly weapon. As the jury in the case had not found that Recuenco was armed with a firearm, he argued that the sentencing enhancement violated his Sixth Amendment right to a jury trial. At the Supreme Court, the State conceded that a Blakely error had occurred, but argued that the error was harmless beyond a reasonable doubt. The Court held in a 7-2 opinion that a Blakely error could be considered harmless. (en)
|
dbo:wikiPageExternalLink
| |
dbo:wikiPageID
| |
dbo:wikiPageLength
|
- 2739 (xsd:nonNegativeInteger)
|
dbo:wikiPageRevisionID
| |
dbo:wikiPageWikiLink
| |
dbp:arguedate
|
- 0001-04-17 (xsd:gMonthDay)
|
dbp:argueyear
| |
dbp:case
|
- Washington v. Recuenco, 548 U.S. 212 (en)
|
dbp:concurrence
| |
dbp:cornell
| |
dbp:courtlistener
| |
dbp:decidedate
|
- 0001-06-26 (xsd:gMonthDay)
|
dbp:decideyear
| |
dbp:dissent
|
- Stevens (en)
- Ginsburg (en)
|
dbp:fullname
|
- Washington v. Arturo R. Recuenco (en)
|
dbp:googlescholar
| |
dbp:holding
|
- Failure to submit a sentencing factor to the jury is not “structural” error, and therefore does not entitle to reversal of conviction if the error was harmless. (en)
|
dbp:joindissent
| |
dbp:joinmajority
|
- Roberts, Scalia, Kennedy, Souter, Breyer, and Alito (en)
|
dbp:justia
| |
dbp:litigants
|
- Washington v. Recuenco (en)
|
dbp:majority
| |
dbp:oyez
| |
dbp:parallelcitations
| |
dbp:uspage
| |
dbp:usvol
| |
dbp:wikiPageUsesTemplate
| |
dcterms:subject
| |
rdf:type
| |
rdfs:comment
|
- Washington v. Recuenco, 548 U.S. 212 (2006), is the United States Supreme Court case of Recuenco, a man who was convicted of second-degree assault after he threatened his wife with a handgun, and subsequently sentenced by the Washington Supreme Court based not only on the conviction, but based on Recuenco's use of a handgun, charged as assault with a deadly weapon. His sentencing included a three-year enhancement, a standard based on his being armed with a firearm, which is greater than the one-year enhancement he would have received for assault with a deadly weapon. As the jury in the case had not found that Recuenco was armed with a firearm, he argued that the sentencing enhancement violated his Sixth Amendment right to a jury trial. (en)
|
rdfs:label
|
- Washington v. Recuenco (en)
|
owl:sameAs
| |
prov:wasDerivedFrom
| |
foaf:isPrimaryTopicOf
| |
foaf:name
|
- (en)
- Washington v. Arturo R. Recuenco (en)
|
is dbo:wikiPageRedirects
of | |
is dbo:wikiPageWikiLink
of | |
is foaf:primaryTopic
of | |