Lonnie Lee Burton, petitioner v. Doug Waddington, respondent, on writ of certiorari to the United States Court of Appeals for the Ninth Circuit: reply brief for petitioner
Lonnie Lee Burton, Douglas Waddington, Jeffrey L. Fisher, Pamela S. Karlan, Thomas C. Goldstein, Amy Howe, Kevin K. Russell, United States. Supreme Court, Stanford University. Supreme Court Litigation Clinic
Cockle Law Brief Printing Co., 2006 - Law - 33 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?
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1994 convictions 90 months 9th Cir AEDPA aggravating fact Almendarez-Torres Appeals Cause Apprendi April 20 argument asserted attorney bedrock rule breach Burton's motion cause number certiorari CJLF claim consecutive sentences Court of Appeals defendant deny Burton direct review discretionary review due process exceptional sentence exclusionary rule Exhibit 40 Exhibit 9 federal court Federal Sentencing Guidelines filed Gideon guilty plea habeas corpus habeas petition Hankerson impeach impose issue judgment and sentence jury King County Cause Loper Martinez-Villareal months for count Motion to Withdraw offender scores personal restraint petition petition challenging Petitioner's plea agreement prior conviction procedurally barred properly exhausted punishment reasonable jurist Recuenco resentencing Resp result in Blakely reversal right to counsel Schriro second or successive sentencing laws Snohomish County conviction standard range Stanford Law School statutory maximum Supreme Court Cause Teague tence on count Trieweiler United unreasonable application Washington Court Washington Supreme Court watershed rule withdraw his guilty