An attorney argues to a judge that determining when an offense ended, for the purpose of an Ex Post Facto Clause analysis, is a question of fact for the jury, not a Sixth Amendment issue for the judge. The attorney cites the Tykarsky opinion as precedent and notes the government has not responded to this argument.
This document is a page from a court transcript dated July 22, 2022, where an attorney argues a legal point to a judge. The attorney contends that determining the end date of an offense, which is critical for an Ex Post Facto Clause violation claim, is a factual question for the jury, not a Sixth Amendment issue for the judge as per the Apprendi line of cases. The attorney cites the 'Tykarsky' opinion as support and notes that the government has not responded to this specific argument.
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