United States Second Circuit

In habeas petitions filed by multiple petitioners sentenced under New York's persistent offender statute, the orders granting the petitions are affirmed and the orders denying the petitions are vacated where the New York courts' upholding of the constitutionality of the New York state persistent felony offender statute after the U.S. Supreme Court's decision in Blakely v. Washington, 542 U.S. 296 (2004), was an unreasonable application of clearly established Sixth and Fourteenth Amendment law. However, as to one petitioner whose conviction became final before Blakely, the denial of the petition is affirmed.

Appellate Information

• Decided 03/31/2010
• Published 03/31/2010

Judges

Court

• United States Second Circuit

Counsel