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State v. Franklin

The second-offender provision of the Graves Act, which permits the imposition of an extended term based on judicial fact-finding by a preponderance of the evidence, violates the right to trial by jury and the right to due process; judges will no longer decide whether a defendant possessed or used a gun in second-offender cases, and if the State intends to seek an extended term, it must obtain an indictment charging possession or use of the gun; this holding is given "pipeline" retroactivity.

August 08, 2005 at 12:00 AM

1 minute read

By | Updated on August 08, 2005

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