Whether Apprendi requires that facts (other than a prior conviction) supporting an extended or enhanced term of imprisonment be found by a jury beyond a reasonable doubt

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

• On the other side · 2d Cir.Brown v. Greiner409 F.3d 523
• Discussed · N.Y.People v. Rosen96 N.Y.2d 329

  “However, to the extent that the Court of Appeals of New York relied on the pre-Apprendi distinction between “elemental” facts and “sentencing factors” in its analysis of the statute, see Rosen, 728 N.Y.S.2d 407 , 752 N.E.2d at 847 , we disagree with the Second Circuit’s conclusion that the New York court's decision was not contrary to, or an unreasonable application of, Apprendi.” — Kaua v. Frank, acknowledging the split

What the split turns on

Anchor precedents:

Apprendi v. New Jersey530 U.S. 494

Doctrines & tests:

distinction between 'elemental' facts and 'sentencing factors' ·

'intrinsic'/'extrinsic' factors distinction