With no explanation, chose the best option from "A", "B", "C" or "D". our state Supreme Court to determine “[w]hether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant”); cf. Markman v. Westview Instruments, Inc., 517 U.S. 370, 377, 381-82, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996) (in determining whether it is proper for a jury to “ ‘shoulder [the] responsibility [of construction of a written instrument] ... to preserve the substance of the [Seventh Amendment] common-law right of trial by jury,’ ” noting that judges not juries, ordinarily construe written documents (emphasis omitted) (quoting Tull v. United States, 481 U.S. 412, 426, 107 S. Ct. 1831, 95 L. Ed. 2d 365 (1987)); Jackson v. Denno, 378 U.S. 368, 385-86, 84 S. Ct. 1774, 12 L. Ed. 2d 908 (1964) (<HOLDING>). Some have argued that Blakely prohibits the

A: holding that states procedure providing for jury evaluation of voluntariness of a defendants confession violates fourteenth amendment due process
B: holding that continued incarceration after the lawful basis for custody expires violates due process under the fourteenth amendment
C: holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts
D: holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment
A.