Topic: there is no efficiency exception to the fifth and sixth ame… · Go Syfert
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Topic #1169

4 canonical passages across 4 cases, quoted by 25 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Erlinger v. United States.

#Case FlagCanonical passage Citers
1 Erlinger v. United States Anchor
scotus · 2024
green “there is no efficiency exception to the fifth and sixth amendments.” 9
2 Guido v. Duane Morris LLP.
nj · 2010
green “a dissent, of course, is not precedent.” 7
3 State v. Rodriguez
njsuperctappdiv · 1989
green “generally, facts which will aggravate the crime of which a defendant is accused and enhance the punishment to which he will be subject are said to be an 'element' of the offense, n.j.s.a. 2c:1-14(h), and must therefore be charged in the indictment.” 5
4 State v. Franklin
nj · 2005
green “that a defendant possessed a gun during the commission of a crime is a fact that must be presented to a grand jury and found by a petit jury beyond a reasonable doubt if the court intends to rely on it to impose a sentence exceeding the statutory maximum.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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