The State of Washington Speaks (to SCOTUS)!!

As reported here a few weeks ago, the state of Washington has decided to petition the Supreme Court to rehear Blakely. I have now received a copy of the petition, which is here attached:
Download blakely_petition_for_rehearing.pdf

Here are the main argument points:

I. The Historical Evidence the Court Has Relied On to Interpret the Meaning of the Fifth and Sixth Amendments is Inaccurate and Incomplete

II. Because this Court Will Soon Again Hear Arguments About Apprendi, Fairness to the State of Washington Supports Reargument in this Case

UPDATE: Washington’s petition is a great read, which makes a number of interesting points in interesting ways. It contends, for example, (1) that at least 18 states may be adversely impacted by the Blakely holding; (2) that “the Framers themselves were progressive sentencing reformers, making it even harder to imagine that they would have thought unconstitutional the progressive ‘guided discretion’ sentencing reforms of the past 25 years”; (3) that since Almendarez-Torres “the law of criminal sentencing in the United States has been in turmoil. Six years later – and four weeks after this court’s June 24 opinion – the situation is no better. Unprecedented turmoil and uncertainty in theory and in practice reign.” Great stuff!