Articles Tagged Sixth Amendment

Brooke R. Hardy, Criminal Procedure: Finding the Needle-Toward a More Stringent Standard for Effective Assistance of Counsel

58 Fla. L. Rev. 449 (2006) | | | | TEXT :: Petitioner was convicted by a jury of, among other offenses, brutally murdering a local barkeeper. At the sentencing phase of the bifurcated proceeding, Petitioner’s counsel presented the brief testimony of only five mitigation witnesses. Balancing the evidence, the jury found three aggravating factors […]

Michelle Reiss Drab, Constitutional Law: Fact or Factor: The Supreme Court Eliminates Sentencing Factors and the Federal Sentencing Guidelines

57 Fla. L. Rev. 987 (2005) | | | | TEXT :: A jury convicted Respondent Booker of possession with intent to distribute at least fifty grams of cocaine, an offense carrying a sentence of 210 to 262 months in prison according to the Federal Sentencing Guidelines (the “Guidelines”). At a later sentencing hearing, the […]

Daniel Ryan Koslosky, Constitutional Law: Predictability As Fairness And The Possible Return To Federal Indeterminate Sentencing

57 Fla. L. Rev. 999 (2005) | | | | TEXT :: Respondent was convicted by a jury of possession with intent to distribute at least fifty grams of crack cocaine. During postconviction sentencing, the district court judge found, by a preponderance of evidence, that Respondent possessed an additional 566 grams of crack cocaine and […]