U.S. Supreme Court considers Burton case
11/07/06
On November 7, the U.S. Supreme Court heard oral arguments in Burton v. Stewart, No. 05-9222. This case addresses whether the Court's decision in Blakely applies to cases that were finalized before Blakely was decided in June 2004. In 1994, petitioner Lonnie Burton was sentenced to three consecutive prison terms for a total of 46 ½-years, which exceeded the 305-month statutory ceiling, even though under Washington state law such sentences are presumptively concurrent. The difference would have meant a sentence of roughly 25 ½ years.
In Burton, the Court is deliberating whether Blakely announced a new rule of criminal procedure, and, if so, whether its requirement that facts resulting in an enhanced statutory maximum be proved beyond a reasonable doubt applies retroactively to cases that were finalized before the decision was handed down.
However, the Court may not feel the need to resolve these questions in its decision. During oral arguments, the Court was preoccupied with whether Burton had the right to bring his challenge in the Supreme Court in the first place. If the Court decides that they have no jurisdiction to hear this case, then the merits will go unresolved. Regardless of the court’s decision, which will be released by June if not earlier, Burton is limited to the state of Washington and will unlikely affect retroactivity of Booker.
For a more detailed legal analysis, click here to read the Burton report on SCOTUS blog.