Oregon v. Ice

Decision Date17 March 2008
Docket NumberNo. 07–901.,07–901.
Citation76 USLW 3496,552 U.S. 1256,76 USLW 3393,170 L.Ed.2d 353,128 S.Ct. 1657
PartiesOREGON, petitioner, v. Thomas Eugene ICE.
CourtU.S. Supreme Court
OPINION TEXT STARTS HERE

Case below, 343 Or. 248, 170 P.3d 1049.

Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Oregon granted limited to the following question: Whether the Sixth Amendment, as construed in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), requires that facts (other than prior convictions) necessary to imposing consecutive sentences be found by the jury or admitted by the defendant.

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64 cases
  • State v. Allen
    • United States
    • Tennessee Supreme Court
    • June 24, 2008
    ...147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). See Oregon v. Ice, ___ U.S. ___, 128 S.Ct. 1657, 170 L.Ed.2d 353 (2008) (granting certiorari to consider "[w]hether the Sixth Amendment, as construed in Apprendi ... and Blakely ... requ......
  • State v. Berg
    • United States
    • Oregon Court of Appeals
    • October 29, 2008
    ...S.Ct. 2531, 159 L.Ed.2d 403 (2004), as construed in State v. Ice, 343 Or. 248, 170 P.3d 1049 (2007), cert. granted, ___ U.S. ___, 128 S.Ct. 1657, 170 L.Ed.2d 353 (2008) (facts supporting imposition of consecutive sentences must be admitted or found by a The law and facts involved in that as......
  • Hernandez v. McGrath
    • United States
    • U.S. District Court — Eastern District of California
    • January 21, 2009
    ...necessary to imposing consecutive sentences be found by the jury or admitted by the defendant." See Oregon v. Ice, ___ U.S. ___, 128 S.Ct. 1657, 170 L.Ed.2d 353 (2008). A ruling is still pending, but oral arguments were heard on October 14, ...
  • Roettgen v. Ryan
    • United States
    • U.S. District Court — Central District of California
    • June 30, 2009
    ...that facts necessary to impose consecutive sentences be found by the jury or admitted by the defendant. Oregon v. Ice, ___ U.S. ___, 128 S.Ct. 1657, 170 L.Ed.2d 353 (2008). On January 14, 2009, the Supreme Court held: "[T]he Sixth Amendment does not inhibit States from assigning to judges, ......
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