SCOTUS Will Hear Burton v. Waddington Today

The Supreme Court will hear the oral argument in Burton v. Waddington today.

Questions presented: (1) Is the holding in Blakely v. Washington a new rule or was it dictated by Apprendi v. New Jersey? (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?  Details. . . [Mark Godsey]