Burton v. Waddington

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

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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Sheryl Gordon McCloud, Seattle, Wash.