1. Home
  2. Browse Decisions
  3. F.3d
  4. 414 F.3d
  5. 414 F.3d 1025 (2005)
 

SCHARDT v. PAYNE

No. 02-36164.

414 F.3d 1025 (2005)

Dale E. SCHARDT, Petitioner-Appellant, v. Alice PAYNE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred November 3, 2004.

Resubmitted May 9, 2005.

Filed July 8, 2005.

Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, for the petitioner-appellant.

Diana M. Sheythe and John J. Samson, Assistant Attorney General, Office of the Washington Attorney General, Criminal Justice Division, Olympia, WA, for the respondent-appellee.

David Zuckerman and Jeffery L. Fisher, NACDL Amicus Committee, Seattle, WA, for amicus NACDL.

Before: ALARCÓN, W. FLETCHER, and RAWLINSON, Circuit Judges.

ALARCÓN, Senior Circuit Judge.

We must decide in this matter the novel question whether a Washington state prisoner may challenge the validity of his sentence retroactively on the ground that the trial court based its sentencing decision on facts that were not found to be true by a jury in violation of the constitutional principle subsequently announced by the United States Supreme Court in Blakely v. Washington, 542 U.S. 296

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases