Legal Opinion
State v. Apprendi
New Jersey Superior Court Appellate Division
Decided August 19, 1997PublishedCited by 17 opinions
1Opinion of the Court
HUMPHREYS, J.A.D.
The defendant appeals his extended term sentence which was imposed pursuant to N.J.S.A. 2C:44-3(e) (the “Hate Crime Statute”). The defendant asserts that the statute is unconstitutional because: (1) the statute is too vague; (2) the statute violates his constitutional right to due process by using a preponderance of the evidence standard.
We have thoroughly reviewed the record and considered the arguments presented. We conclude that the statute is constitutional and affirm.
I
The defendant fired a rifle on two occasions in 1994 at the home of a neighbor. On the first occasion, a…
2Cases cited23 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Wisconsin v. MitchellSupreme Court of the United States · 1993
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chester McCoy v. United StatesCourt of Appeals for the Eleventh Circuit · 2001
- State v. ApprendiSupreme Court of New Jersey · 1999
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Commonwealth v. KearnsSuperior Court of Pennsylvania · 2006
12 more not listed; retrieve them via the Exa API.