Based on the U.S. Supreme Court cases of Ring v. Arizona and Apprendi v. New Jersey, aggravating factors must be submitted to the grand jury and returned in an indictment, and the contrary holding of State v. Martini is reversed; because this is a new rule of law, it will apply only to those cases that have yet to reach the penalty phase.
February 09, 2004 at 12:00 AM
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The original version of this story was published on New Jersey Law Journal
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