Friday, September 02, 2011

Eighth Circuit -- United States v. Patricia Brown

Victim's age is a sentencing factor, not an Apprendi element that must be proven beyond a reasonable doubt.

Seeing brass knuckles and knife in flashlight beam through car window was sufficient probable cause for officer to search car.

No error in not severing assault from murder, as evidence of either would have been admissible in trial of the other.


United States v. Patricia Brown
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.