US Supreme Court Docket

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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:

• U.S. Court of Appeals - 9th Circuit, Unpublished Opinion Filed: July 28, 2005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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