Event Details
July 22, 2022
Description
An attorney presents a legal argument distinguishing an Ex Post Facto issue from a Sixth Amendment Apprendi issue, arguing a specific decision should be made by the jury.
Participants (2)
| Name | Type | Mentions | |
|---|---|---|---|
| Unnamed speaker (attorney) | person | 0 | View Entity |
| Your Honor (Judge) | person | 0 | View Entity |
Source Documents (1)
DOJ-OGR-00011539.jpg
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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