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Burton v. Waddington
No. 05-9222
Title:
    Lonnie Lee Burton v. Douglas Waddington, Superintendent, Stafford Creek Corrections Center

Subject:

    Sentencing Enhancement, Apprendi, Blakely, Retroactivity
Question:
  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?
Decisions:

Resources:

Briefs:

Parties 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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