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Oregon v. Ice, 555 U.S. 160 (2009), was a legal case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution does not inhibit states from assigning to judges, rather than juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, sentences for multiple offenses.

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  • Oregon v. Ice
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  • Oregon v. Ice, 555 U.S. 160 (2009), was a legal case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution does not inhibit states from assigning to judges, rather than juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, sentences for multiple offenses.
foaf:name
  • Oregon, Petitioner v. Thomas Eugene Ice
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ArgueDate
  • --10-14
has abstract
  • Oregon v. Ice, 555 U.S. 160 (2009), was a legal case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution does not inhibit states from assigning to judges, rather than juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, sentences for multiple offenses. Ice, a supervisor of an apartment complex, twice entered a residence and, on each occasion, touched the breasts and vagina of an 11-year-old girl. For each incident, a jury found him guilty of first-degree burglary for entering with the intent to commit sexual assault, as well as two counts of sexual abuse. The statute under which Ice was sentenced, Oregon Revised Statutes 137.123, generally provided for concurrent sentences. However, it allowed for consecutive sentencing when the offenses did not arise from the same course of conduct. The statute also allowed for such sentencing when the offense was indicative of a willingness to commit more than one offense, or the offense caused or created a risk of greater or qualitatively different harm to the victim. The trial judge found that Ice's conduct satisfied these criteria and ordered that his sentences for the two burglaries and the two sexual assaults, in which he touched the girl's vagina, to be served consecutively. The judge allowed the two sexual assault sentences for touching the girl's breasts to be served concurrently. Thus, the judge's action nearly quadrupled his sentence from 7.5 years to over 28 years.
ArgueYear
case
  • Oregon v. Ice, 555 U.S. 160
cornell
DecideDate
  • --01-14
DecideYear
findlaw
Holding
  • The Sixth Amendment does not inhibit states from assigning to judges, rather than juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, sentences for multiple offenses.
JoinMajority
  • Stevens, Kennedy, Breyer, Alito
justia
LawsApplied
  • U.S. Const. Amend. VI, Ore. Rev. Stat. 137.123
Litigants
  • Oregon v. Ice
ParallelCitations
  • 172800.0
Prior
  • 25920.0
USPage
USVol
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Dissent
  • Scalia
googlescholar
JoinDissent
  • Roberts, Souter, Thomas
oyez
fullname
  • Oregon, Petitioner v. Thomas Eugene Ice
majority
  • Ginsburg
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