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Upcomming Supreme Court Arguments
The Supreme Court will hear argument on Tuesday (10/14/08) in Oregon v. Ice (07-901). The issue in Ice is whether the Sixth Amendment requires that facts necessary to impose consecutive sentences (other than prior convictions) must be found by a jury or admitted by the defendant.
On Wednesday (10/15/08) the court will hear argument in Waddington v. Sarausac (07-772), and Hedgpeth v. Pulido (07-544). Both cases address federal habeas review of state jury instructional issues. Waddington involves whether federal courts on habeas review must accept state court determinations that jury instructions correctly explain state law regarding accomplice liability. The issue in Hedgpeth is whether federal courts on habeas review may determine erroneous jury instructions on which the jury may have relied to constitute structural error requiring reversal.