Brief filed: 08/28/2006
Burton v. Waddington
United States Supreme Court; Case No. 05-9222
Blakely v. Washington, 530 U.S. 466 (2004), is a “watershed” rule of criminal procedure which exempts it from the retroactivity bar of Teague v. Lane, because a sentencing fact which increases the statutory maximum must be found beyond a reasonable doubt, which goes to the heart of the guilt/innocence determination.
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