Legal Opinion
State v. Apprendi
Supreme Court of New Jersey
Decided June 24, 1999PublishedCited by 42 opinions
1Opinion of the Court
The opinion of the Court was delivered by
O’HERN, J.
An issue that is surfacing with increasing frequency in criminal cases is whether a given portion of a statute constitutes an element of an offense or, instead, is a sentencing provision. The answer determines whether the factual determinations for which the provision calls are to be made by the fact-finder or the sentencer, and whether the reasonable doubt standard of proof must be applied.
[ 67 U.S.L.W. 3289, Vol. 67, No. 16 (Nov. 3, 1998).]
This appeal presents such a question. The case concerns the constitutionality of one provision of New…
2Cases cited35 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
30 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Lopez v. PeopleSupreme Court of Colorado · 2005
- United States v. Leroy S. Outen Rodney D. Smith Sheldon Wilford Donald Gordon Euton Christian Tyrone McFadden Herbie Noel, AKA "Wayne"Court of Appeals for the Second Circuit · 2002
- United States v. Ramon Hernandez-Guardado,defendant-Appellant. United States of America v. Dario Jimenez-FriasCourt of Appeals for the Ninth Circuit · 2000
- Green v. New Jersey Manufacturers InsuranceSupreme Court of New Jersey · 1999
37 more not listed; retrieve them via the Exa API.