October Term 2008 · Docket 07-901
Does a judge need a jury to decide if prison terms run back-to-back?
Oregon argues judges can set consecutive sentences alone. The defendant argues a jury must find the facts first.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mary Williams argued the factfinding here differs from prior cases.
She stated the Court struck down similar sentencing changes before.
Justice Scalia questioned if this fact is more significant than others.
He noted it could lengthen the sentence enormously for the defendant.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 37-3 — Transcript, file page 10, lines 37-3
- Official Supreme Court Transcript — file page 11, lines 43-5 — Transcript, file page 11, lines 43-5
- Official Supreme Court Transcript — file page 11, lines 7-11 — Transcript, file page 11, lines 7-11
- Official Supreme Court Transcript — file page 23, lines 19-41 — Transcript, file page 23, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 15-39 — Transcript, file page 4, lines 15-39
- Official Supreme Court Transcript — file page 5, lines 5-7 — Transcript, file page 5, lines 5-7
- Official Supreme Court Transcript — file page 5, lines 51-9 — Transcript, file page 5, lines 51-9
- Official Supreme Court Transcript — file page 6, lines 35-47 — Transcript, file page 6, lines 35-47
- Official Supreme Court Transcript — file page 7, lines 39-43 — Transcript, file page 7, lines 39-43
- Official Supreme Court Transcript — file page 8, lines 17-21 — Transcript, file page 8, lines 17-21
- Official Supreme Court Transcript — file page 8, lines 9-13 — Transcript, file page 8, lines 9-13
- Official Supreme Court Transcript — file page 9, lines 3-31 — Transcript, file page 9, lines 3-31
- Official Supreme Court Transcript — file page 9, lines 37-13 — Transcript, file page 9, lines 37-13
A citizen's guide to the whole case
What this case is about
This case tests whether a judge can decide facts that increase a prison term without a jury.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 19-41 — Transcript, file page 23, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
How the case got here
The Supreme Court heard oral argument in this case on October 14, 2008.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
What each side wants
Oregon wants judges to set consecutive sentences without a jury.
The defendant wants a jury to find facts before sentences run back-to-back.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 19-41 — Transcript, file page 23, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What each side says
Oregon argues this factfinding differs from previous Sixth Amendment cases.
The defendant argues this is a bright-line rule from Apprendi.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 19-41 — Transcript, file page 23, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What the justices asked
Justice Scalia asked if the sentence length fact is more important than jury facts.
Justice Kennedy asked why the statute requires this specific finding.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 37-3 — Transcript, file page 10, lines 37-3
- Official Supreme Court Transcript — file page 11, lines 43-5 — Transcript, file page 11, lines 43-5
- Official Supreme Court Transcript — file page 11, lines 7-11 — Transcript, file page 11, lines 7-11
- Official Supreme Court Transcript — file page 4, lines 15-39 — Transcript, file page 4, lines 15-39
- Official Supreme Court Transcript — file page 5, lines 5-7 — Transcript, file page 5, lines 5-7
- Official Supreme Court Transcript — file page 5, lines 51-9 — Transcript, file page 5, lines 51-9
- Official Supreme Court Transcript — file page 6, lines 35-47 — Transcript, file page 6, lines 35-47
- Official Supreme Court Transcript — file page 7, lines 39-43 — Transcript, file page 7, lines 39-43
- Official Supreme Court Transcript — file page 8, lines 17-21 — Transcript, file page 8, lines 17-21
- Official Supreme Court Transcript — file page 8, lines 9-13 — Transcript, file page 8, lines 9-13
- Official Supreme Court Transcript — file page 9, lines 3-31 — Transcript, file page 9, lines 3-31
- Official Supreme Court Transcript — file page 9, lines 37-13 — Transcript, file page 9, lines 37-13
Why it matters
This defines who decides facts that lengthen prison terms. It affects how states structure sentencing laws. It shapes the balance between judges and juries.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 19-41 — Transcript, file page 23, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 37-3 — Transcript, file page 10, lines 37-3
- Official Supreme Court Transcript — file page 11, lines 43-5 — Transcript, file page 11, lines 43-5
- Official Supreme Court Transcript — file page 11, lines 7-11 — Transcript, file page 11, lines 7-11
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 15-39 — Transcript, file page 4, lines 15-39
- Official Supreme Court Transcript — file page 5, lines 5-7 — Transcript, file page 5, lines 5-7
- Official Supreme Court Transcript — file page 5, lines 51-9 — Transcript, file page 5, lines 51-9
- Official Supreme Court Transcript — file page 6, lines 35-47 — Transcript, file page 6, lines 35-47
- Official Supreme Court Transcript — file page 7, lines 39-43 — Transcript, file page 7, lines 39-43
- Official Supreme Court Transcript — file page 8, lines 17-21 — Transcript, file page 8, lines 17-21
- Official Supreme Court Transcript — file page 8, lines 9-13 — Transcript, file page 8, lines 9-13
- Official Supreme Court Transcript — file page 9, lines 3-31 — Transcript, file page 9, lines 3-31
- Official Supreme Court Transcript — file page 9, lines 37-13 — Transcript, file page 9, lines 37-13
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 23, lines 19-41 — Transcript, file page 23, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
- Official Supreme Court Transcript — file page 23, lines 19-41 — Transcript, file page 23, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.