Lonnie Lee Burton v. Douglas Waddington, Superintendent, Stafford Creek Corrections Center

Subject:

Sentencing Enhancement, Apprendi, Blakely, Retroactivity

1. Is the holding in Blakely a new rule or is it dictated by Apprendi?
   
   
2. If Blakely is a new rule, does its requirement that facts resulting in an enhanced statutory maximum be proved beyond a reasonable doubt apply retroactively?

• U.S. Court of Appeals - 9th Circuit, Unpublished Opinion Filed: July 28, 2005
• United States Supreme Court, Cert. Granted: June 5, 2006
• United States Supreme Court, Decided: January 9, 2007

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:     Parties Merits Phase Brief of Petitioner Burton Brief of Respondent Waddington Amici Brief of the National Association of Criminal Defense Lawyers, et al. Amicus Brief of the CJLF Amicus Brief of the United States	Counsel of Record For Petitioner Lonnie Lee Burton: Jeffrey L. Fisher Davis Wright Tremaine LLP Seattle, WA For Respondents Douglas Waddington, Superintendent, Stafford Creek Corrections Center: John J. Samson Office of the Attorney General Olympia, WA
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