Supreme Court Rejects Calif. Sentencing Law

Court Alerts

[##_1L|1181867408.jpg|width="104" height="138" alt=""|_##]The US Supreme Court handed down decisions in three cases Monday, including Cunningham v. California where the Court struck down as unconstitutional California sentencing rules that allow judges to exercise discretion to tack on additional years to prison sentences beyond that determined by a jury. The Court overturned a California Court of Appeal decision, holding that California's Determinate Sentencing Law allows judges to impose enhanced sentences based on a judge's, not the jury's, finding of facts and therefore violates the Sixth and Fourteenth Amendments of the US Constitution. Read the Court's opinion per Justice Ginsburg, along with a dissent from Justice Kennedy and a second dissent from Justice Alito.

In the consolidated cases of Jones v. Bock and Williams v. Overton, the Court rejected rules established by the US Court of Appeals for the Sixth Circuit as to when a prisoner can file a lawsuit contesting prison conditions under the Prison Litigation Reform Act of 1995 (PLRA). According to the Court, the PLRA "requires prisoners to exhaust prison grievance procedures before filing suit," but Sixth Circuit rules concerning when a prisoner has exhausted other administrative procedures go too far:

The Sixth Circuit, along with some other lower courts, adopted several procedural rules designed to implement this exhaustion requirement and facilitate early judicial screening. These rules require a prisoner to allege and demonstrate exhaustion in his complaint, permit suit only against defendants who were identified by the prisoner in his grievance, and require courts to dismiss the entire action if the prisoner fails to satisfy the exhaustion requirement as to any single claim in his complaint. Other lower courts declined to adopt such rules. We granted certiorari to resolve the conflict and now conclude that these rules are not required by the PLRA, and that crafting and imposing them exceeds the proper limits on the judicial role.

Related listings

  • Court steps into dispute over issue ads

    Court steps into dispute over issue ads

    Court Alerts 01/20/2007

    [##_1L|1070658255.jpg|width="104" height="138" alt=""|_##]The Supreme Court agreed yesterday to referee a challenge to limits on pre-election ads, a key provision of the landmark campaign finance law that the court upheld in 2003. The justices will h...

  • Judge: Lawsuit Against XM May Proceed

    Judge: Lawsuit Against XM May Proceed

    Court Alerts 01/20/2007

    A lawsuit in which record companies allege XM Satellite Radio Holdings Inc. is cheating them by letting consumers store songs can proceed toward trial, a judge ruled Friday after finding merit to the companies' claims.U.S. District Judge Deborah A. B...

  • Ex-Congressman Sentenced to 30 Months in Prison

    Ex-Congressman Sentenced to 30 Months in Prison

    Court Alerts 01/19/2007

    [##_1L|1107652411.jpg|width="120" height="127" alt=""|_##]Former US Rep. Bob Ney (R-OH) was sentenced Friday to 30 months imprisonment for receiving gifts and campaign contributions in exchange for political favors. Ney pleaded guilty last October to...

Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.

Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.

Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:

• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements

For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read