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Sponsors seek procedural fix to make jury decide habitual-offender findings after U.S. Supreme Court ruling
Summary
Senate sponsors introduced a procedural amendment to require juries, rather than judges, to decide habitual-offender findings that require factual determinations — a response to the U.S. Supreme Court's recent Erlanger ruling.
Senators introduced a procedural change to Colorado law Monday intended to conform habitual-offender proceedings to a recent U.S. Supreme Court decision. Sponsors said Senate Bill 189 would require juries to decide whether a defendant’s prior convictions qualify for enhanced habitual sentences in cases where the question depends on factual findings beyond the mere existence of prior convictions.
"The Supreme Court held that the Fifth and Sixth Amendments require a jury finding to determine whether defendants' prior offenses…
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