[DOWNLOAD] "Butler v. Curry" by Alaska Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Butler v. Curry
- Author : Alaska Supreme Court
- Release Date : January 09, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
Frank Butler alleged in his petition for writ of habeas corpus that his Sixth Amendment rights were violated when the California state trial court imposed an "upper term" sentence based on two aggravating factors not proved to a jury beyond a reasonable doubt. The district court, relying on Cunningham v. California, 127 S.Ct. 856 (2007), agreed, and granted the writ. The State contends that Cunningham, which struck down Californias determinate sentencing law ("DSL"), announced a "new rule" that cannot be applied on collateral review. In the alternative, the State maintains that the requirements for habeas relief under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") have not been met, and that, even if they were, there was no constitutional violation.