Washington v. Recuenco

NACDL amicus curiae brief in support of respondent. 

Brief filed: 01/18/2006

Documents

Washington v. Recuenco

United States Supreme Court; Case No. 05-83

Prior Decision

Apprendi/Blakely challenge to sentencing enhancements and analysis on appeal.

Argument(s)

Harmless-error analysis can never apply to affirm a trial court’s entry of a conviction of a greater crime than that charged by the government and proven to the jury beyond a reasonable doubt, where the jury’s verdict is complete in every respect, and there has been no claim of insufficiency in the jury’s verdict?

Author(s)

Robert N. Hochman, Sidley Austin LLP, Chicago, IL.