Butler v. Curry Book Reviews

AUTHOR
Alaska Supreme Court
SCORE
0
TOTAL RATINGS
122

Butler v. Curry by Alaska Supreme Court Book Summary

Frank Butler alleged in his petition for writ of habeas corpus that his Sixth Amendment rights were violated when the California state trial court imposed an "upper term" sentence based on two aggravating factors not proved to a jury beyond a reasonable doubt. The district court, relying on Cunningham v. California, 127 S.Ct. 856 (2007), agreed, and granted the writ. The State contends that Cunningham, which struck down Californias determinate sentencing law ("DSL"), announced a "new rule" that cannot be applied on collateral review. In the alternative, the State maintains that the requirements for habeas relief under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") have not been met, and that, even if they were, there was no constitutional violation.

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Book Name Butler v. Curry
Genre Law
Published
Language English
E-Book Size 81.34 KB

Butler v. Curry (Alaska Supreme Court) Book Reviews 2024

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Summary of Butler v. Curry by Alaska Supreme Court

The Butler v. Curry book written by Alaska Supreme Court was published on 09 June 2008, Monday in the Law category. A total of 122 readers of the book gave the book 0 points out of 5.

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