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Fred Sanders

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32. My take is if any of previous of three strikes was a "violent felony" as defined, with a firearm, engaging the residual clause, and the accused was

Reply to riderinthestorm (Reply #22)

Fri Jun 26, 2015, 09:52 AM

Jun 2015

Last edited Fri Jun 26, 2015, 10:25 AM - Edit history (1)

subject to an increased or minimum sentence due to the finding over and above the punishment for the actual third crime, the "residual clause", then there has to be a new sentencing hearing, or the increased punishment over and above the first punishment for the crime is illegal.

That is the narrow interpretation.

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SCOTUS Strikes Down Three Strikes Law and Increased Sentencing Law as Violation of Due Process [View all] Fred Sanders Jun 2015 OP

Excellent - I shudder to think of who the ONE is. George II Jun 2015 #1

I am betting Thomas ybbor Jun 2015 #2

You bet wrong. former9thward Jun 2015 #7

Alito--worse than Thomas and Scalia...nt msanthrope Jun 2015 #9

True - he is an embarrassment to the country George II Jun 2015 #11

alito is truly evil based on this samsingh Jun 2015 #51

He is an evil one ybbor Jun 2015 #12

Akin to whose shit smells worse. Fantastic Anarchist Jun 2015 #98

This message was self-deleted by its author ybbor Jun 2015 #14

This message was self-deleted by its author Atman Jun 2015 #54

Definately. notadmblnd Jun 2015 #55

I've always thought that too. Jazzgirl Jun 2015 #57

Alito Punx Jun 2015 #62

Hateful..... George II Jun 2015 #69

The hate just drips out of his pours. Imagine we have something so ugly on our SC. you cannot Cha Jun 2015 #97

OP sys Alito wrote the dissent. So it would be him, yes? Myrina Jun 2015 #10

I posted within seconds of the initial op which didn't know the one yet ybbor Jun 2015 #65

Take a pill, I was just trying to help ... Myrina Jun 2015 #74

This message was self-deleted by its author ybbor Jun 2015 #81

Alito. He's the worst of them currently. onehandle Jun 2015 #8

We sure are getting a lot in return to losing on TPP rocktivity Jun 2015 #3

Oh just knock it off. NuclearDem Jun 2015 #4

2 Deadbeat Republicans Jun 2015 #28

Did you get lost on the way to this thread? George II Jun 2015 #20

Yeah -- these are bones they're throwing. Citizen's United? Fat chance ... Auggie Jun 2015 #23

Ironic that the three strikes seem to be these decisions to strike down our feelings about the TPA! cascadiance Jun 2015 #60

You're reading my mind, rocktivity. The PTB have nothing to lose now that they valerief Jun 2015 #64

I hadn't thought of that, but I suppose that's entirely possible magical thyme Jun 2015 #72

i do wonder what legal issues will erupt thx to tpp restorefreedom Jun 2015 #88

the supremes may not take kindly to losing most of their power magical thyme Jun 2015 #90

makes me wonder if anyone actually read this first n/t restorefreedom Jun 2015 #92

Wanted to post this on Facebook, but in a format people will read. Google doesn't come up with a DebJ Jun 2015 #5

DU may be the first in the entire media world to post it.....I had a direct source. Fred Sanders Jun 2015 #18

Here is a story about it - with link csziggy Jun 2015 #40

The Supremes are on a ROLL this week! logosoco Jun 2015 #6

The Fifth Amendment just got a huge boost...this has very wide implications....think of the detained Fred Sanders Jun 2015 #25

I know awoke_in_2003 Jun 2015 #82

The hits just keep on coming!!!!! nt MADem Jun 2015 #13

WOW - who opened the doors at the Supreme Court packman Jun 2015 #15

WOW. What I believed all along. Amazing. closeupready Jun 2015 #16

Today is a damn good day in the United States. K&R Jefferson23 Jun 2015 #17

Freedom Johnny2X2X Jun 2015 #19

Holy DAMN! frylock Jun 2015 #21

Will this mean those folks who are currently incarcerated under 3 strikes, riderinthestorm Jun 2015 #22

My take is if any of previous of three strikes was a "violent felony" as defined, with a firearm, engaging the residual clause, and the accused was Fred Sanders Jun 2015 #32

Interesting. I've read a few cases where folks are incarcerated for drug offenses riderinthestorm Jun 2015 #38

I may be reading this too broadly, but the fact that the entire enhanced sentence provision is Fred Sanders Jun 2015 #47

Will have to mean that. closeupready Jun 2015 #36

It's more complex that we might think csziggy Jun 2015 #41

Now it's time for citizens united to go. nt List left Jun 2015 #24

True--but this is the Court that gifted us with Citizens United so it's not likely, is it? nt truebluegreen Jun 2015 #29

Don't we wish! lark Jun 2015 #78

What happens to everyone sentenced under that law? Renew Deal Jun 2015 #26

Good question. jwirr Jun 2015 #34

Alito really is the Nazi of the group titaniumsalute Jun 2015 #27

I remember watching his wife cry at his confirmation hearing.... truebluegreen Jun 2015 #33

I started reading his dissent and that's not how it comes off at the beginning. Renew Deal Jun 2015 #39

Damnit! this has been a great two days! Le Taz Hot Jun 2015 #30

And the flag of southern treason awoke_in_2003 Jun 2015 #83

I'd forgetten about that! Le Taz Hot Jun 2015 #84

It has been a wild week... awoke_in_2003 Jun 2015 #85

Good. I am reeling form all these June decisions. Getting scared - waiting for the other shoe to jwirr Jun 2015 #31

Lots of people in for long terms because of this... Stuart G Jun 2015 #35

If the lifetime-for-a-stolen-pizza guy were still alive, closeupready Jun 2015 #37

If one of the previous convictions involved a mere firearm possession then a resentencing should be automatic, that Fred Sanders Jun 2015 #49

Who are these guys? Spirochete Jun 2015 #42

Spirochete think. They got the gift of TPP nt bonniebgood Jun 2015 #67

You're right Spirochete Jun 2015 #73

If Scalia and Thomas could mate mountain grammy Jun 2015 #43

Today is a happy day madamvlb Jun 2015 #44

didn't expect that one PatrynXX Jun 2015 #45

Hell yeah damnedifIknow Jun 2015 #46

K&R stage left Jun 2015 #48

Very Very Important....k and r... Stuart G Jun 2015 #50

this is excellent news samsingh Jun 2015 #52

If three strikes are illegal how are we supposed to play baseball? Kablooie Jun 2015 #53

Message auto-removed Name removed Jun 2015 #56

so no more Three Strikes Law allowed? That law has put a lot of people in prisons for life. Sunlei Jun 2015 #58

The core decision is more narrow than that, confined to strike down the punitive "residual clause" on the Fred Sanders Jun 2015 #63

Not sure at all what you meant, but a narrow focus to strike down, '3-strike' I understand. Sunlei Jun 2015 #66

three strikes your out yikes1 Jun 2015 #59

California's citizens voted it in as a Proposition on the ballot, iirc. Don't know about the rest... Hekate Jun 2015 #87

Alito is a full on sociopath. . . . n/t annabanana Jun 2015 #61

Thanks for this information.... LovingA2andMI Jun 2015 #68

This is great! Do the 3-Strikers get released from their life sentences now? Dont call me Shirley Jun 2015 #70

No they don't. former9thward Jun 2015 #91

Can the State's 3 strikes convictions be challenged in court by the convicted? Dont call me Shirley Jun 2015 #100

Yes, that challenge will be coming. former9thward Jun 2015 #101

Good news. Thanks for the info, former9thward Dont call me Shirley Jun 2015 #102

One of the most important rulings ever. A lot of sentences should be reduced over this... marble falls Jun 2015 #71

Criminal sentence laws that are ruled unconstitutional are retrospective as well, and retroactive to any current sentences being served. Fred Sanders Jun 2015 #75

Good news. Justice will be picking the private prisons industry's pockets. marble falls Jun 2015 #76

Gigantic K&R!!!! BumRushDaShow Jun 2015 #77

Excellent. yesphan Jun 2015 #79

Convicted Salinas rapist ordered to serve 156 years in prison udbcrzy2 Jun 2015 #80

What a week this is. I am by now just stunned. Hekate Jun 2015 #86

Wonderful news! What a great day! myrna minx Jun 2015 #89

OMG, how did I miss this?!?! bravenak Jun 2015 #93

Wow, that's actually a pretty big deal. Arkana Jun 2015 #94

Finally, Way Overdue colsohlibgal Jun 2015 #95

They're on a roll! okasha Jun 2015 #96

Kicked and recommended. Uncle Joe Jun 2015 #99

this will not get the press the other two did DonCoquixote Jun 2015 #103

About time, isn't it? Thank you. n/t Judi Lynn Jun 2015 #104

There are plenty of judges and state budget offices TexasBushwhacker Jun 2015 #105

Wow. They're on a roll. Matariki Jun 2015 #106