The Thistle Group "Gouging" and Valuation
Section 1988(b) Fee Applications and Timeliness

Blakely Not Retroactive

So a unanimous three-judge panel of the Ninth Circuit held:

We must decide in this matter the novel question whether a Washington state prisoner may challenge the validity of his sentence retroactively on the ground that the trial court based its sentencing decision on facts that were not found to be true by a jury in violation of the constitutional principle subsequently announced by the United States Supreme Court in Blakely v. Washington, 124 S.Ct. 2531 (2004). We conclude that Blakely does not apply retroactively to convictions that became final prior to its publication. We also hold that the petitioner has failed to demonstrate that he was ineffectively represented by his trial counsel.

Schart v. Payne, No. 02-36164 (9th Cir. July 8, 2005).