SCOTUScast 12-4-08 featuring William Otis
Oregon v. Ice
On Tuesday, October 14, the Supreme Court heard oral argument in Oregon v. Ice. In this case, the Supreme Court considers the extent of jury involvement in sentencing required by the Sixth Amendment. The case arises from the imposition of consecutive sentencing totalling 340 months by an Oregon judge following his determination that Thomas Eugene Ice's six convictions on four counts of molestation and two of burglary comprised several separate incidents. Under Oregon law, sentences for multiple crimes are served concurrently by default unless a judge finds the crimes to have been part of different courses of action resulting in separate harms. On appeal, the Oregon Supreme Court read the Apprendi line of cases to preclude the consecutive sentences. The Supreme Court now considers whether Oregon's sentencing regime violates the Sixth Amendment because it authorizes the judge to impose consecutive sentences based on the sentencing judge's determination of a fact neither found by the jury nor admitted by the defendant. Former White House Special Counsel William Otis discusses the case.
Oral Argument - October 14, 2008:
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-901.pdf
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