Tuesday, November 07, 2006
Cert petition denied
The SCOTUS denied Janine Cox' cert petition in Washington v. Kansas, which sought, in part, to apply Apprendi to minimum sentences (i.e. reverse Harris v. U.S., 536 U.S. 545 (2002)). Here is the SCOTUS order. The SCOTUS had ordered the state to respond and had set the matter over for a second conference date, but denied cert on Monday. Just FYI, the ADO is continuing to file cert petitions in hard-50 cases and in guidelines cases where criminal history makes a difference (especially with juvenile adjudications). So keep objecting at the trial level based on Apprendi.