Books and Journals §14.24a Sixth Amendment Issues (new Section)

§14.24a Sixth Amendment Issues (new Section)

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E. (§14.24A) Sixth Amendment Issues (New Section)

Attacks on the constitutionality of Missouri’s certification statute, claiming that it violates the Sixth Amendment as applied in Apprendi v. New Jersey, 530 U.S. 466 (2000), have unsuccessfully argued that by certifying a case, the juvenile division increases the defendant’s punishment based on facts that have not been submitted to a jury and proven beyond a reasonable doubt.
In State v. Andrews, 329 S.W.3d 369 (Mo. banc 2010), the appellant was 15 years old when he committed his offenses, first degree murder and armed criminal action, leaving approximately six years maximum in...

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