Confirm favorite deletion?
Criminal Procedure Keyed to Ohlin
Blakely v. Washington
Citation:542 U.S. 296 (2004)
Petitioner married his wife Yolanda in 1983. The State charged petitioner with first-degree kidnapping of his wife. Upon reaching a plea agreement, it reduced the charge to second-degree kidnapping. The case then proceeded to sentencing. In Washington, second-degree kidnapping is a class B felony, punishable by confinement exceeding a term of ten years. Other provisions of state law further limit the range of sentences a judge may impose. Pursuant to the plea agreement, the State recommended a sentence within the standard range of 49 to 53 months. The judge, however, rejected the State’s recommendation and imposed an exception sentence of 90 months, justifying the sentence on the ground that petitioner had acted with deliberate cruelty. Petitioner appealed, arguing that this sentencing procedure deprived him of his federal constitutional right to have a jury determine beyond a reasonable doubt all facts legally essential to his sentence.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.