United States Ninth Circuit
Schardt v. Payne, 02-36164
Blakely v. Washington, 124 S.Ct. 2531 (2004), does not apply retroactively to convictions that became final prior to its publication.
Appellate Information
- Argued 11/02/2004
- Decided 07/08/2005
- Published 07/08/2005
Judges
- ALARCÓN, Senior Circuit Judge., Before: ALARCÓN, W. FLETCHER, and RAWLINSON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, for the petitioner-appellant., David Zuckerman and Jeffery L. Fisher, NACDL Amicus Committee, Seattle, WA, for amicus NACDL.
- For Appellees:
- 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.