2015-IPG#13: (HOW THE PROGENY OF DESCAMPS ARE MAKING IT TOUGHER TO PROVE SOME PRIOR CONVICTIONS TO A JUDGE)

This edition of IPG attempts to answer several questions regarding proving priors in light of Descamps and its recent California progeny, including (i) Does the Sixth Amendment allow the prosecution to not only prove the bare fact of the conviction but other facts about the conviction to a judge (rather than a jury)? and (ii) what documents may the prosecution safely rely on in proving the fact a defendant had suffered a prior conviction to a judge (rather than a jury)?