Burton v. Waddington

Amicus curiae brief of the National Association of Criminal Defense Lawyers and the Washington Association of Criminal Defense Lawyers.

Burton v. Waddington

Documents

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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Author(s)

Sheryl Gordon McCloud, Seattle, Wash.

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