Garvin v. New York

Brief for Amici Curiae National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers Supporting Petitioner (On Petition for a Writ of Certiorari to the New York Court of Appeals).

Brief filed: 04/09/2018

Documents

Garvin v. New York

United States Supreme Court; Case No. 17-1320

Prior Decision

Decision below 30 N.Y.3d 174 (N.Y. Oct. 24, 2017)

Argument(s)

New York’s persistent felony offender sentencing scheme violates Apprendi. Apprendi applies broadly to a host of sentencing schemes, as multiple states have recognized. The statute’s plain language and history confirm that it mandates impermissible judicial factfinding based on a preponderance of the evidence. Prior felony conviction are not the “sole determinant” of a persistent non-violent felony offender sentence. Sentencing judges engage in the impermissible factfinding in practice. The New York Court of Appeals’ reasoning does not square with Apprendi and its progeny.

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Author(s)

Mark C. Fleming and Mark G. Matuschak, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Tiffany E. Payne and Jane Shim, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Jeffrey T. Green and Lindsay Lewis, NACDL, Washington, DC; Richard D. Willstatter, NYSACDL, White Plains, NY.

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