Cunningham v. California

NACDL amicus curiae brief in support of petitioner arguing that California’s sentencing scheme contravenes the rule set forth in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Blakely v. Washington, 542 U.S. 296 (2004).

Brief filed: 05/08/2006


Cunningham v. California

United States Supreme Court; Case No. 05-6551

Question Presented

Whether California’s Determinate Sentencing Law, by permitting sentencing judges to impose enhanced sentences based on their determination of facts not found by the jury or admitted by the defendant, violates the Sixth and Fourteenth Amendments.



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Jeffrey L. Fisher, Pamela S. Karlan, Thomas C. Goldstein, Amy Howe, Kevin K. Russell.