Filasky v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that court could properly take judicial notice of fact that Gamer qualified as “correctional institution”
• holding pre-Apprendi that legisla- ture had not intended to eliminate jury’s role as fact finder during application of § 53-202k
• explaining that, “except in limited circumstances, the determination of ultimate facts remains the exclusive function of the jury” for sentencing enhancements
• vacating sentence enhancement because trial court violated defendant’s due process rights by failing to instruct jury on § 53-202k
• invoking plain error doctrine to reach unpreserved issue of first impression as to construction of statute
• rejecting constitutional challenge to instruction that reasonable doubt is “a real doubt, an honest doubt, a doubt which has its foundation in the evidence or lack of evidence” [internal quotation marks omitted]

Source: CourtListener parenthetical corpus (CC0).