Blanton analysis (District of Columbia) · Go Syfert
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Blanton analysis in District of Columbia

6 District of Columbia opinions name it 1 courts 1996–2023 1 in the last five years

The cases below were cited by District of Columbia 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 (6)

CaseFollowedCited
Padilla v. Kentuckygreen
scotus · 2010 · cited in 2 District of Columbia opinions naming this issue, 2018–2018
2 sentences

2018A. Deportation is a Penalty for a Criminal Conviction As the Court has recognized, "[o]ur law has enmeshed criminal convictions and the penalty of deportation for nearly a century." Padilla , 559 U.S. at 365-66 , 130 S.Ct. 1473 .

2018A. Deportation is a Penalty for a Criminal Conviction As the Court has recognized, "[o]ur law has enmeshed criminal convictions and the penalty of deportation for nearly a century." Padilla , 559 U.S. at 365-66 , 130 S.Ct. 1473 .

12
In Re WMgreen
dc · 2004 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
2 sentences

2023Relying on prior cases describing SORA as “a remedial regulatory enactment, not a penal law,” “we conclude[d] that the Sixth Amendment does not require that we divert . . . from the statute that calls for jury trial in only these cases where the maximum penalty exceeds 180 days.” Id.; see In re Doe, 855 A.2d 1100, 1103-07 (D.C. 2004); In re W.M., 851 A.2d at 441; D.C.

2023Relying on prior cases describing SORA as “a remedial regulatory enactment, not a penal law,” “we conclude[d] that the Sixth Amendment does not require that we divert . . . from the statute that calls for jury trial in only these cases where the maximum penalty exceeds 180 days.” Id.; see In re Doe, 855 A.2d 1100, 1103-07 (D.C. 2004); In re W.M., 851 A.2d at 441; D.C.

11
In Re Doe (\ Sd\")"green
dc · 2004 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
2 sentences

2023Relying on prior cases describing SORA as “a remedial regulatory enactment, not a penal law,” “we conclude[d] that the Sixth Amendment does not require that we divert . . . from the statute that calls for jury trial in only these cases where the maximum penalty exceeds 180 days.” Id.; see In re Doe, 855 A.2d 1100, 1103-07 (D.C. 2004); In re W.M., 851 A.2d at 441; D.C.

2023Relying on prior cases describing SORA as “a remedial regulatory enactment, not a penal law,” “we conclude[d] that the Sixth Amendment does not require that we divert . . . from the statute that calls for jury trial in only these cases where the maximum penalty exceeds 180 days.” Id.; see In re Doe, 855 A.2d 1100, 1103-07 (D.C. 2004); In re W.M., 851 A.2d at 441; D.C.

11
Spriggs v. United Statesgreen
dc · 1992 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
2 sentences

2023Thomas addressed whether SORA’s registration requirement is a severe enough penalty to overcome the Blanton presumption under the “extremely limited plain-error standard.” 942 A.2d at 1186 (quoting Spriggs v. United States, 618 A.2d 701, 704 (D.C. 1992)).

2023Thomas addressed whether SORA’s registration requirement is a severe enough penalty to overcome the Blanton presumption under the “extremely limited plain-error standard.” 942 A.2d at 1186 (quoting Spriggs v. United States, 618 A.2d 701, 704 (D.C. 1992)).

11
Sessions v. Dimayagreen
scotus · 2018 · cited in 1 District of Columbia opinions naming this issue, 2018–2018
2 sentences

2018See Sessions v. Dimaya , 584 U.S. ----, 138 S.Ct. 1204 , 1213, 200 L.Ed.2d 549 (2018) ("[A]s federal immigration law increasingly hinged deportation orders on prior convictions, removal proceedings became ever more 'intimately related to the criminal process.' " (quoting Chaidez v. United States , 568 U.S. 342 , 352, 133 S.Ct. 1103 , 185 L.Ed.2d 149 (2013) (in turn quoting Padilla , 559 U.S. at 365 , 130 S.Ct. 1473 ) ).

2018See Sessions v. Dimaya , 584 U.S. ----, 138 S.Ct. 1204 , 1213, 200 L.Ed.2d 549 (2018) ("[A]s federal immigration law increasingly hinged deportation orders on prior convictions, removal proceedings became ever more 'intimately related to the criminal process.' " (quoting Chaidez v. United States , 568 U.S. 342 , 352, 133 S.Ct. 1103 , 185 L.Ed.2d 149 (2013) (in turn quoting Padilla , 559 U.S. at 365 , 130 S.Ct. 1473 ) ).

11
Chaidez v. United Statesgreen
scotus · 2013 · cited in 1 District of Columbia opinions naming this issue, 2018–2018
2 sentences

2018See Sessions v. Dimaya , 584 U.S. ----, 138 S.Ct. 1204 , 1213, 200 L.Ed.2d 549 (2018) ("[A]s federal immigration law increasingly hinged deportation orders on prior convictions, removal proceedings became ever more 'intimately related to the criminal process.' " (quoting Chaidez v. United States , 568 U.S. 342 , 352, 133 S.Ct. 1103 , 185 L.Ed.2d 149 (2013) (in turn quoting Padilla , 559 U.S. at 365 , 130 S.Ct. 1473 ) ).

2018See Sessions v. Dimaya , 584 U.S. ----, 138 S.Ct. 1204 , 1213, 200 L.Ed.2d 549 (2018) ("[A]s federal immigration law increasingly hinged deportation orders on prior convictions, removal proceedings became ever more 'intimately related to the criminal process.' " (quoting Chaidez v. United States , 568 U.S. 342 , 352, 133 S.Ct. 1103 , 185 L.Ed.2d 149 (2013) (in turn quoting Padilla , 559 U.S. at 365 , 130 S.Ct. 1473 ) ).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Blanton v. City of North Las Vegas green
scotus · 1989
2 sentences

2018The loss of liberty, akin to incarceration, that results from removal as well as the Court's repeated statements about its severity, lead us to conclude, under a Blanton analysis, that deportation is so "onerous" a penalty for conviction that it presents the "rare situation" that should ensure the availability of a jury trial in a criminal proceeding even though the penalty of incarceration does not "puncture the six-month incarceration line." Blanton , 489 U.S. at 543 , 109 S.Ct. 1289 .

2018The loss of liberty, akin to incarceration, that results from removal as well as the Court's repeated statements about its severity, lead us to conclude, under a Blanton analysis, that deportation is so "onerous" a penalty for conviction that it presents the "rare situation" that should ensure the availability of a jury trial in a criminal proceeding even though the penalty of incarceration does not "puncture the six-month incarceration line." Blanton , 489 U.S. at 543 , 109 S.Ct. 1289 .

41996–2018
United States v. Nachtigal green
scotus · 1993
2 sentences

2018The Court applied a Blanton analysis one other time, in United States v. Nachtigal , another case that involved operating a motor vehicle while intoxicated. 507 U.S. 1 , 2, 113 S.Ct. 1072 , 122 L.Ed.2d 374 (1993).

2018The Court applied a Blanton analysis one other time, in United States v. Nachtigal , another case that involved operating a motor vehicle while intoxicated. 507 U.S. 1 , 2, 113 S.Ct. 1072 , 122 L.Ed.2d 374 (1993).

21996–2018
Thomas v. United States green
dc · 2008
2 sentences

2023Thomas addressed whether SORA’s registration requirement is a severe enough penalty to overcome the Blanton presumption under the “extremely limited plain-error standard.” 942 A.2d at 1186 (quoting Spriggs v. United States, 618 A.2d 701, 704 (D.C. 1992)).

2023Thomas addressed whether SORA’s registration requirement is a severe enough penalty to overcome the Blanton presumption under the “extremely limited plain-error standard.” 942 A.2d at 1186 (quoting Spriggs v. United States, 618 A.2d 701, 704 (D.C. 1992)).

12023–2023
Foote v. United States green
dc · 1996
2 sentences

1996In any event, this court already has concluded that mere eligibility for recidivist penalties will not rebut a Blanton presumption that an offense is “petty.” As we recently said in Foote v. United States, 670 A.2d 366 (D.C.1996), where the appellant presented a claim identical to the one advanced here: “reliance on ‘commonplace’ recidivist penalties which [the defendant] personally was not facing is foreclosed by Blanton.” Id. *955 at 373 (quoting Blanton, 489 U.S. at 545 , 109 S.Ct. at 1294 ). 1 Brown also claims the right to a juiy trial because another judge revoked his probation for a pri

1996In any event, this court already has concluded that mere eligibility for recidivist penalties will not rebut a Blanton presumption that an offense is “petty.” As we recently said in Foote v. United States, 670 A.2d 366 (D.C.1996), where the appellant presented a claim identical to the one advanced here: “reliance on ‘commonplace’ recidivist penalties which [the defendant] personally was not facing is foreclosed by Blanton.” Id. *955 at 373 (quoting Blanton, 489 U.S. at 545 , 109 S.Ct. at 1294 ). 1 Brown also claims the right to a juiy trial because another judge revoked his probation for a pri

11996–1996

Statutes the citing opinions construe

DC § D.C. Code § 16-705 (4) DC § D.C. Code § 22-3010.01 (3) DC § D.C. Code § 22-4001 (3) USC § 8u.s.c.1182 (3)

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

DC 6 (1996–2023) AZ 5 (2000–2020) OH 3 (2002–2022) NV 2 (2013–2014) GA 2 (2013–2013) FL 2 (2003–2004)

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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