Lonnie Lee Burton, petitioner v. Doug Waddington, respondent, on writ of certiorari to the United States Court of Appeals for the Ninth Circuit: brief of amici curiae the National Association of Criminal Defense Lawyers and the Washington Association of Criminal Defense Lawyers in support of petitioner
National Association of Criminal Defense Lawyers (U.S.), Lonnie Lee Burton, Douglas Waddington, Washington Association of Criminal Defense Lawyers, United States. Supreme Court, Stanford University. Supreme Court Litigation Clinic
Cockle Law Brief Printing Co., 2006 - Law - 21 pages
Question presented in Lonnie L. Burton's petition for writ of certioriari is: Mr. Burton was given an exceptional sentence of 258 months above the 304 month ceiling of the statutory sentencin range, and this Washington state sentence became final after Apprendi v. New Jersy, 530 U.S. 466 (2000), but before Blakely v. Washington, 542 U.S. 296 (2004). 1. Is the holding in Blakely a new rule or is it dictated by Apprendi? 2. If Blakely is a new rule, does its requirements that facts resulting in an enhanced statutory maximum be proved beyond a reasonable doubt apply retroactively?
What people are saying - Write a review
We haven't found any reviews in the usual places.
_ U.S. _ 74 Wash 9th Cir acts of sexual actual innocence additional uncharged crimes AMICI CURIAE Apprendi and Blakely Apprendi or Blakely Association of Criminal basis for exceptional beyond-a Beyond-a-Reasonable-Doubt Standard burden of proof cert changed the outcome child molestation Code committed against B.E. convicted core purpose CRIMINAL DEFENSE LAWYERS criminal procedure criminal proceeding current offense defendant defendant's determination of innocence Durall evidence standard exceptional sentence fairness and accuracy Federal Constitutional Characterization former Wash fundamental fairness Guidelines guilt/innocence determination habeas relief http://www.sgc.wa.gov/PUBS/statistical implicate the fundamental impose an exceptional Innocence or Guilt jury multiple incidents NACDL pattern of sexual Payne petitioner preponderance of evidence psychological abuse rape reasonable doubt rule of criminal S.Ct Schardt Schlup Schriro sentence above standard sentence of 204 sentencing court sentencing factors sexual abuse statutory maximum Summerlin TABLE OF AUTHORITIES Teague Treating Apprendi trial court Washington Supreme Court watershed rule writ Writ Of Certiorari