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habitual criminal determination

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 368 U.S. 448 - Oyler v. Boles · 1962Most cited · 3,415 citing opinions

Even though an habitual criminal charge does not state a separate offense, the determination of whether one is an habitual criminal is 'essentially independent' of the determination of guilt on the underlying substantive offense and may appropriately be the subject of separate determination; due process therefore requires that a defendant receive reasonable notice and an opportunity to be heard relative to the recidivist charge, even if that notice need not precede the trial on the substantive offense.