Wednesday, April 19, 2006

SCOTUS denies Ivory/Hitt cert petitions

As noted in a previous post (here), the SCOTUS had ordered the state to respond to cert petitions in a couple of Ivory/Hitt cases (i.e. whether Apprendi applies to prior convictions and/or juvenile adjudications). The SCOTUS denied cert on April 17, 2006. Luckily, I have a couple of Ivory/Hitt cert petitions that I can file in the next week or so. Until the SCOTUS resolves this issue, I think it is worth continuing litigation. I suppose the best case scenario would be a case where criminal history was disputed (factually disputed, not just legally disputed) and where criminal history makes a difference. If you have a case like that, make sure you let me know!

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