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Cunningham v. California, 549 U.S. 270 (2007), held that the rule first announced in Apprendi v. New Jersey, 530 U.S. 466 (2000), applies to California's Determinate Sentencing Law. In California, a judge may choose one of three sentences for a crime—a low, middle, or high term. There must exist specific aggravating factors about the crime before a judge may impose the high term. Under the Apprendi rule, as explained in Blakely v. Washington, 542 U.S. 296 (2004), any fact that increases the punishment above that which the judge may impose without that fact must be found by a jury beyond a reasonable doubt. In People v. Black, the California Supreme Court rejected the argument that under Blakely, the jury must find the additional facts necessary for the judge to impose the high term under t

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rdf:type
rdfs:label
  • Cunningham v. California
rdfs:comment
  • Cunningham v. California, 549 U.S. 270 (2007), held that the rule first announced in Apprendi v. New Jersey, 530 U.S. 466 (2000), applies to California's Determinate Sentencing Law. In California, a judge may choose one of three sentences for a crime—a low, middle, or high term. There must exist specific aggravating factors about the crime before a judge may impose the high term. Under the Apprendi rule, as explained in Blakely v. Washington, 542 U.S. 296 (2004), any fact that increases the punishment above that which the judge may impose without that fact must be found by a jury beyond a reasonable doubt. In People v. Black, the California Supreme Court rejected the argument that under Blakely, the jury must find the additional facts necessary for the judge to impose the high term under t
foaf:name
  • John Cunningham v. People of the State of California
dct:subject
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sameAs
dbp:wikiPageUsesTemplate
ArgueDate
  • --10-11
ArgueYear
case
  • Cunningham v. California,
courtlistener
DecideDate
  • --01-22
DecideYear
findlaw
fullname
  • John Cunningham v. People of the State of California
Holding
  • The Sixth Amendment, as interpreted in Blakely v. Washington , applies to California's determinate sentencing law, and requires that the facts necessary to support imposing the upper term of imprisonment under that scheme be submitted to a jury and proved beyond a reasonable doubt.
justia
Litigants
  • Cunningham v. California
majority
  • Ginsburg
other source
  • Supreme Court
other url
Dissent
  • Kennedy
  • Alito
docket
JoinDissent
  • Breyer
  • Kennedy, Breyer
JoinMajority
  • Roberts, Stevens, Scalia, Souter, Thomas
LawsApplied
oyez
ParallelCitations
Prior
  • Defendant's conviction and sentence upheld by the California Court of Appeal; review denied by the California Supreme Court.
USPage
USVol
cornell
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  • Cunningham v. California, 549 U.S. 270 (2007), held that the rule first announced in Apprendi v. New Jersey, 530 U.S. 466 (2000), applies to California's Determinate Sentencing Law. In California, a judge may choose one of three sentences for a crime—a low, middle, or high term. There must exist specific aggravating factors about the crime before a judge may impose the high term. Under the Apprendi rule, as explained in Blakely v. Washington, 542 U.S. 296 (2004), any fact that increases the punishment above that which the judge may impose without that fact must be found by a jury beyond a reasonable doubt. In People v. Black, the California Supreme Court rejected the argument that under Blakely, the jury must find the additional facts necessary for the judge to impose the high term under the DSL. In Cunningham, the U.S. Supreme Court overruled Black, ruling that Blakely applies to California's determinate sentencing scheme.
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