stare decisis

This wikilog article is a draft, it was not published yet.

by: Ryan • June 17, 2013 • no comments

I've tried a number of links to the Alleyne decision in the last few minutes, but they're all broken. So, I'm going from memory. [Updated: Here's the Alleyne link.]

Check out the concurrence for a useful discussion on stare decisis. Could the same logic be used to justify the reversal of the plurality opinion that allowed non-unanimous juries in Oregon and Louisiana? Could the same logic be used to require pleading all sentence enhancement facts under the indictment clause, thereby reversing Hurtado? (In the meantime, as you all should know, I'm in favor of using Hurtado to ask for a preliminary hearing on all upward departure factors. Do you need the motion? Let me know.) What about reversing Almendarez-Torres and getting rid of the prior conviction exception?

These issues won't be directly relevant to you unless you are petitioning for cert yourself. But they should give you some ideas regarding what types of issues SCOTUS might be willing to reconsider. And hopefully you'll preserve those issues, and maybe one day tell your kids about the big Supreme Court case expanding our rights and say, "I did that!"