Washington v. Recuenco

NACDL amicus curiae brief in support of respondent. 

Brief filed: 01/18/2006

Documents

Washington v. Recuenco

United States Supreme Court; Case No. 05-83

Prior Decision

Apprendi/Blakely challenge to sentencing enhancements and analysis on appeal.

Argument(s)

Harmless-error analysis can never apply to affirm a trial court’s entry of a conviction of a greater crime than that charged by the government and proven to the jury beyond a reasonable doubt, where the jury’s verdict is complete in every respect, and there has been no claim of insufficiency in the jury’s verdict?

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Author(s)

Robert N. Hochman, Sidley Austin LLP, Chicago, IL.