Sunday, July 18, 2004
Ever since Apprendi, many have been waiting for the other shoe to fall and for the Court to overrule Almendarez-Torres. In defining what "statutory maximum" meant for Apprendi purposes. the Court in Blakely reiterated Apprendi's rule of "other than the fact of a prior conviction ..." Check out this article about a post-Blakely case, also courtesy of Washington State, and muse over whether it will reach the Court and allow it to overrule Almendarez-Torres?
Posted by Tom Lincoln at 7/18/2004