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Criminal Procedure Keyed to Ohlin
Apprendi v. New Jersey
Citation:
530 U.S. 466 (2000)Facts
On December 22, 1994, petitioner Charles C. Apprendi fired several .22 caliber bullets into the home of an African-American family that had recently moved into a previously all-white neighborhood in Vineland, New Jersey. Apprendi was promptly arrested and admitted that he was the shooter. After the trial judge accepted Apprendi’s guilty pleas, the prosecutor filed a formal motion for an extended term. The judge held an evidentiary hearing on the issue of Apprendi’s purpose for the shooting on December 22. The judge found the police officer’s testimony credible and concluded that the evidence supported a finding that the crime was motivated by racial bias. Having found by a preponderance of the evidence that Apprendi’s actions were taken with a purpose to intimidate as provided by the statute, the trial judge held that the hate crime enhancement applied.
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