Black v. California

Decision Date20 February 2007
Docket NumberNo. 05-6793.,05-6793.
CitationBlack v. California, 127 S.Ct. 1210, 75 USLW 3429, 167 L.Ed.2d 36, 549 U.S. 1190 (2007)
PartiesKevin Michael BLACK, petitioner, v. CALIFORNIA.
CourtU.S. Supreme Court
OPINION TEXT STARTS HERE

Case below, 35 Cal.4th 1238, 29 Cal.Rptr.3d 740, 113 P.3d 534.

On petition for writ of certiorari to the Supreme Court of California. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Supreme Court of California for further consideration in light of Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007).

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67 cases
  • People v. Guess
    • United States
    • California Court of Appeals
    • December 21, 2007
    ...People v. Black (2005) 35 Cal.4th 1238, 29 Cal. Rptr.3d 740, 113 P.3d 534 (Black I), vacated sub nom. Black v. California (2007) ___ U.S. ___, 127 S.Ct. 1210, 167 L.Ed.2d 36. The Attorney General contends that this argument is unavailable on appeal, because defendant did not make it in the ......
  • Flores v. Hickman
    • United States
    • U.S. District Court — Central District of California
    • January 25, 2008
    ... ... Roderick HICKMAN, et al., Respondents ... No. CV 06-4299-RSWL(RC) ... United States District Court, C.D. California" ... January 25, 2008 ... Page 1069 ... COPYRIGHT MATERIAL OMITTED ... Page 1070 ... COPYRIGHT MATERIAL OMITTED ... Page 1071 ...   \xC2" ... Black (2005) 35 Cal.4th 1238, 29 Cal.Rptr.3d 740, 113 P.3d 534 regarding the effect of Blakely v. Washington (2004) 542 U.S. [296], 124 S.Ct. 2531, [159 ... ...
  • People v. Lynch
    • United States
    • California Supreme Court
    • August 1, 2024
    ...Cal.Rptr.3d 745.)12Black II was decided on remand from the high court following its decision in Cunningham. (Black v. California (2007) 549 U.S. 1190, 127 S.Ct. 1210, 167 L.Ed.2d 36, vacating and remanding People v. Black (2005) 35 Cal.4th 1238, 29 Cal.Rptr.3d 740, 113 P.3d 534 (Black I).) ......
  • People v. Lynch
    • United States
    • California Supreme Court
    • August 1, 2024
    ...Cal.Rptr.3d 745.)12Black II was decided on remand from the high court following its decision in Cunningham. (Black v California (2007) 549 U.S. 1190, 127 S.Ct. 1210, 167 L.Ed.2d 36, vacating and remanding People v. Black (2005) 35 Cal.4th 1238, 29 Cal.Rptr.3d 740, 113 P.3d 534 (Black I)) Sa......
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1 books & journal articles
  • Appendix E
    • United States
    • James Publishing Practical Law Books California Drunk Driving Law - Volume 1-2 Appendices
    • March 30, 2022
    ...sentencing, People v. Black (2005) 35 Cal.4th 1238, 1244 ( Black I ), later vacated sub nom . Black v. California (2007) — U.S. — [167 L.Ed.2d 36], had upheld the California sentencing scheme under Blakely , and Cunningham had yet to be decided. As Black I was still binding precedent 58 Nei......