CONSTITUTIONAL LAW—Continued.
3. State stop and identify statute—Refusal to comply.—Hiibel's conviction for refusing to identify himself to a police officer during an investigative stop as required by Nevada's "stop and identify" statute does not violate Fifth Amendment's prohibition on self incrimination. Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty., p. 177.
III. Right to Jury Trial.
Sentencing—Enhancement based on judicial determination.—Because facts supporting petitioner's exceptional sentence were neither admitted by petitioner nor found by a jury, but were found by judge, that sentence violated his Sixth Amendment right to trial by jury. Blakely v. Washington, p. 296.
IV. Searches and Seizures.
State stop and identify statute—Refusal to comply with requirement.—Hiibel's conviction for refusing to identify himself to a police officer during an investigative stop as required by Nevada's "stop and identify" statute does not violate Fourth Amendment. Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty., p. 177.
V. Standing.
Noncustodial parent's suit as next friend of minor child—Challenge to recitation of Pledge of Allegiance.—Because California law deprives respondent atheist of right to sue on behalf of his elementary school daughter as next friend, he lacks prudential standing to bring a federal constitutional challenge to petitioner school district's policy requiring elementary classes to recite daily Pledge of Allegiance containing words "under God." Elk Grove Unified School Dist. v. Newdow, p. 1.
CRIMINAL LAW. See also Constitutional Law, II–IV; Stays.
Guilty plea—Error in plea colloquy.—To obtain relief for District Court's plea colloquy failure to mention that respondent could not withdraw his guilty plea if court did not accept government's sentence recommendations, Fed. Rule Crim. Proc. 11(c)(3)(B), respondent must show a reasonable probability that, but for court's error, he would not have pleaded guilty. United States v. Dominguez Benitez, p. 74.
