Brakes v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a sentencing judge may rely on any information that is verified in the record, even conduct for which the defendant was acquitted, given the differing burdens of proof
• allowing sentencing court to find aggravating factors based on conduct for which the defendant was acquitted in light of the different burdens of proof applicable in determining guilt and establishing an appropriate sentence
• allowing sentencing court to find aggravating factors based on conduct for which the defendant was acquitted in light of the different burdens of proof applicable in determining guilt and establishing an appropriate sentence
• permitting sentencing judges to rely on conduct for which a defendant was acquitted in enhancing a defendant’s term of imprisonment — if the judge concludes, based on substantial evidence, that the defendant actually committed the crime for which he was acquitted

Source: CourtListener parenthetical corpus (CC0).