CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, June 21, 2024

Opinion holding Fifth and Sixth Amendments to require unanimous jury finding beyond reasonable doubt that ACCA past offenses occurred on separate occasions

Justice Gorsuch delivered the opinion of the Court in Erlinger v. United States. Chief Justice Roberts and Justice Thomas filed concurring opinions. Justice Kavanaugh, joined by Justice Alito and joined in part by Justice Jackson, dissenting. Justice Jackson also delivered a separate dissenting opinion.

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