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In light of Cunningham v. California, I presume it is a pretty safe bet that determinate sentence laws will disappear. Will the decision also encourage states to allow juries to determine punishment as well, since the punishment hearings and jury charges are likely to be pretty comprehensive (detailed) anyway? Did the authors of the constitution forsee this meaning in the Sixth Amendment? I keep wondering why it takes so long to find these hidden attributes. | ||
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All of these cases make Texas look pretty darn good. I don't think a single Texas conviction or sentence has been undone by this new interpretation of the 6th Amendment. That's because Texas has long supported jury sentencing for capital and noncapital cases. I guess no one will be writing an article about that kind of foresight. | |||
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