 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Fortin2/3/2004
not on indictment question). The Court, therefore, resolved that issue unanimously and reaffirmed its holding as recently as a few years ago. State v. Timmendequas, 161 N.J. 515, 638 (1999).
Its rationale need not be repeated here, except to say that the Martini Court concluded that New Jersey's legislatively established system "adequately ensures that capital-cause defendants are afforded both of the protections contemplated by the Constitution: adequate notice and well-founded prosecutions." Martini, supra, 131 N.J. at 227. The Court also expressed concerns about the negative consequences of a contrary conclusion, observing in some instances, inclusion of alleged aggravating factors in the indictment would create the unwanted situation of having the factors read to the jury at the start of trial. For example, if the State were seeking to establish aggravating factor c(4)(a), that defendant had previously been convicted of murder, a reading of the indictment to the jury during the guilt phase could substantially prejudice the trial's outcome.
[Id. at 226-27.]
Martini is still good law notwithstanding the United States Supreme Court decision in Ring v. Arizona, 536 U.S. 584, 588-89, 122 S.Ct. 2428, 2432, 153 L.Ed. 2d 556, 564 (2002). In that case, the Supreme Court held that Arizona's capital system impermissibly assigned to a judge rather than a petit jury the task of determining whether the aggravating factors available under Arizona law had been established in a given case. That is not a question here because New Jersey's system already provides that a petit jury, not a judge, must determine whether the State has established such factors beyond a reasonable doubt. See State v. Koskovich, 168 N.J. 448, 518-27 (2001) (outlining function of petit jury in respect of aggravating and mitigating factors in capital trial). Viewed narrowly, Ring is distinguishable on that basis alone.
Moreover, the Unites States Supreme Court grounded its decision on the fact that, as a matter of state law, the Arizona Supreme Court essentially had concluded that aggravating factors under Arizona's system constituted elements of capital murder.
Ring, supra, 536 U.S. at 595, 122 S.Ct. at 2436, 153 L.Ed. 2d at 568. As just noted, we considered and rejected that construction of New Jersey's statute in Martini. In other words, there is nothing explicitly stated in Ring that requires us suddenly to change direction in respect of capital indictments. That federal prosecutors or lower federal courts, out of an abundance of caution, have assumed that aggravating factors are to be included in federal indictments in the face of Ring does not mean that Ring requires that practice in New Jersey.
Nor does Apprendi v. New Jersey warrant our reversing course. 530 U.S. 473, 120 S.Ct. 2348, 147 L.Ed. 2d 435 (2000). Like the issue presented in Ring, the narrow question in Apprendi was whether New Jersey's hate-crime statute impermissibly permitted a judge rather than a petit jury to make certain findings. In invalidating that aspect of the statute, the Supreme Court noted that it was not addressing any issue concerning the indictment requirement. Id. at 477 n.3, 120 S.Ct. at 2355 n.3, 147 L.Ed. 2d at 447 n.3. I am particularly hesitant to expand the rationale of Apprendi in the present circumstance in view of our recent recognition that the Supreme Court itself appears to be narrowing, not broadening, Apprendi's scope. See State v. Stanton, 176 N.J. 75, 94-96 (2003) (discussing Apprendi in aftermath of subsequent decision in Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed. 2d 524 (2002)).
In short, federal law as reflected in Ring and Apprendi does not
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 New Jersey DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|