Supreme Court of the United States

Washington v. Recuenco — Stevens, J., dissenting

June 26, 2006548 U.S. 212

Summary

Justice Ginsburg, dissenting (joined by Justice Stevens), argued the Washington Supreme Court properly affirmed Recuenco's conviction because the Sixth Amendment does not require harmless error review for sentencing enhancements where the jury convicted on an uncharged offense. Justice Kennedy concurred, noting the Court accurately described holdings in Apprendi and Blakely.