statutory maximum standard (Washington) · Go Syfert
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statutory maximum standard in Washington

7 Washington opinions name it 2 courts 2010–2015 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Blakely v. Washingtongreen
scotus · 2004 · cited in 3 Washington opinions naming this issue, 2014–2015
2 sentences

2015Applying the same principle to upward deviations in sentencing in Blakely v. Washington, 542 U. S. 296 , 303 -05, 124 S. Ct. 2531 , 159 L Ed. 2d 403 ( 2004), the Supreme Court held that 7 No. 45013 -5 -II when a defendant is sentenced to more than the statutory maximum standard range, he is entitled to a jury determination of any facts that justified the upward deviation.

2015Applying the same principle to upward deviations in sentencing in Blakely v. Washington, 542 U. S. 296 , 303 -05, 124 S. Ct. 2531 , 159 L Ed. 2d 403 ( 2004), the Supreme Court held that 7 No. 45013 -5 -II when a defendant is sentenced to more than the statutory maximum standard range, he is entitled to a jury determination of any facts that justified the upward deviation.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. McChristian neutral
washctapp · 2010
2 sentences

2015Judicial findings were sufficient under the Sixth Amendment so long as a "mandatory minimum sentence did not increase the penalty for first degree assault beyond the statutory maximum standard range sentence." McChristian, 158 Wn.

2015Judicial findings were sufficient under the Sixth Amendment so long as a “mandatory minimum sentence did not increase the penalty for first degree assault beyond the statutory maximum standard range sentence.” McChristian, 158 Wn.

22015–2015
State v. Clarke green
wash · 2006
1 sentence

2010Clarke, 156 Wn.2d at 891 . ¶22 Here, McChristian’s 60-month mandatory minimum sentence did not increase the penalty for first degree assault beyond the statutory maximum standard range sentence.

12010–2010
State v. Clarke green
wash · 2006
1 sentence

2010Clarke, 156 Wash.2d at 891 , 134 P.3d 188 . ¶ 22 Here, McChristian's 60-month mandatory minimum sentence did not increase the penalty for first degree assault beyond the statutory maximum standard range sentence.

12010–2010

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9.94A.540 (6) WA § Wash. Rev. Code § 9.94A.535 (4) WA § Wash. Rev. Code § 9A.36.011 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 7 (2010–2015) OH 4 (2004–2011) CA 3 (2004–2016) FL 3 (2000–2017) KS 2 (2002–2006) GA 2 (2013–2013) TN 2 (2004–2005) TX 2 (2011–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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