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Burton v. Stewart

Docket No.: 05-9222
Certiorari Granted: Jun 5 2006
Argued: November 7, 2006
Decided: January 9, 2007

Topics:

habeas, habeas corpus

PartyNames: BURTON v. STEWART, SUPERINTENDENT, STAFFORD CREEK CORRECTIONS CENTER
Petitioner: Lonnie Lee Burton
Respondent: Belinda Stewart, Superintendent, Stafford Creek Corrections Center

Court Below: United States Court of Appeals for the Ninth Circuit

Lonnie Lee Burton
v.
Belinda Stewart, Superintendent, Stafford Creek Corrections Center
549 U.S. 147 (2007)
Background:

Mr. Burton was given an exceptional sentence of 258 months above the 305 month ceiling of the statutory sentencing range and this Washington State sentence became final after Apprendi v. New Jersey, but before Blakely v. Washington:

Question Presented:

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?

Holding: judgment vacated and remanded
Vote: 9-0
Opinion By: Per Curiam
Read BURTON V. STEWART opinion (PDF)

Read opinion

Other Resources for Burton v. Stewart:
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wikipedia.org