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The cert briefs in Burton

June 5, 2006

Thanks to a couple of kind readers, I now have copies of the cert briefs from Burton v. Waddington, the case in which the Supreme Court has decided to take up the issue of Blakely retroactivity (basics here, commentary here).  Relatedly, federal public defender David Porter has some advice for practitioners at the Ninth Circuit Blog:

With this cert. grant and the Court’s earlier grant in Whorton v. Bockting (on the issue of Crawford‘s retroactivity), it is more important than ever to PRESERVE THE ISSUE.

Download burton_petition.pdf

Download burton_brief_in_opp.pdf

Download burton_reply_cert.pdf