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Expert Analysis

Will Apprendi Apply To Southern Union V. US?

Law360, New York (February 2, 2012, 1:25 PM EST) -- In a series of decisions beginning with Apprendi v. New Jersey[1] in 2000, the U.S. Supreme Court has held that the Sixth Amendment's jury trial guarantee requires that a jury, rather than a judge, determine, beyond a reasonable doubt, any fact that increases the maximum punishment to which a defendant may be sentenced. The court has applied this rule in a number of contexts, for example, requiring jury findings of facts necessary to sentence a defendant to death or to impose an elevated sentence....

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