Burton v. Waddington
Brief Details
- Case No.: 05-9222
- Brief Filed: August 28, 2006
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Argument(s)
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.
Author(s)
Sheryl Gordon McCloud, Seattle, Wash.
