Law Practice
Apr. 24, 2007
Misapprehending 'Apprendi'
Forum Column - By Mitchell Keiter - A recent decision wrongly allows a judge to circumvent a jury in criminal cases.
By Mitchell Keiter
The Apprendi-Blakely doctrine insists that the jury, not the court, has ultimate fact-finding authority in criminal trials. But last month's decision in Porter v. Superior Court, 148 Cal.App.4th 889 (Cal. App. 6th Dist. March 20, 2007), broke ground in holding that even where a constitutionally sufficient amount of evidence is presented and a jury finds guilt beyond a reasonable do...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In