Garrus v. Johnson, No. 09-3586 (3d Cir. 2012)
Annotate this CaseGarrus was convicted of voluntary manslaughter in 2001. At sentencing, the judge increased his sentence beyond the statutory maximum based on 42 Pa. Cons. Stat. 9714, the “three strikes” law. To do so, the judge made a finding that Garrus had previously been convicted of burglarizing an occupied building, when, in fact, he had only pled guilty to, and been convicted of, second degree burglary (which, under Pennsylvania law, necessarily requires that the burglarized building was unoccupied). In a habeas petition, Garrus argued that this judicial fact-finding violated the Supreme Court's 2000 holding in Apprendi v. New Jersey, requiring that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” The district court denied the petition on the basis that the highest state court determination upholding the sentence was not contrary to or an unreasonable application of clearly established federal law. The Third Circuit reversed. The state court determination upholding Garrus‟s sentence was objectively unreasonable.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.