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Ninth Circuit: Retroactive Blakely Relief Unavailable on Habeas Corpus, Only on Timely Certiorari

Loaded on Aug. 15, 2008

Filed under: Limitations, Sentencing, Habeas Corpus. Location: Washington.

by John E. Dannenberg

The Ninth Circuit U.S. Court of Appeals held that a state prisoner virtually identically situated as in Blakely v. Washington, 124 S.Ct. 2532 (2004) (sentence may not be enhanced by facts not found true by a jury) was procedurally barred from federal habeas corpus relief because ...

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