Monday, May 24, 2010

Great S Ct News!

U.S. v. O’Brien and Burgess, No. 08--1569 (May 24, 2010):

Unanimous decision (with concurrences). Opinion by Justice Kennedy. In a 924(c) prosecution, the issue of whether a firearm is a machine gun (so the defendant is subject to a 30-year mandatory minimum sentence) is an element of the offense that must be charged in the indictment and proved to a jury beyond a reasonable doubt.

Graham v. Florida, No. 08--7412 (May 17, 2010):

Life without parole for juvenile offense other than homicide is cruel and unusual punishment.

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