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Univ. of San Diego School of Law

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Monday, November 6, 2006

SCOTUS Will Hear Burton v. Waddington Today

Supreme_court_20_7The 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] 

http://lawprofessors.typepad.com/crimprof_blog/2006/11/scotus_will_hea.html

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