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Second Circuit rules NY Persistent Felony Offender law now clearly violates Blakely

By Douglas A. Berman

Via a lengthy ruling today in Besser v. Walsh, No. 05-4375 (2d Cir. Mar. 31, 2010) (available here), a panel of the Second Circuit has declared unconstitution New York state's Persistent Felony Offender sentencing law.  Here is a key paragraph from the start of Judge Winter's opinion for the panel: We hold that the Sixth Amendment right to a jury trial, applicable to the states as incorporated by the Fourteenth Amendment, prohibits the type of judicial fact-finding resulting in enhanced sentences under New York?s PFO statute.  We also hold that this prohibition was not clearly established until Blakely v. Washington, 542 U.S. 296 (2004).  Because Besser?s conviction became final before Blakely issued, the state court decisions upholding his conviction were neither contrary to nor an unreasonable application of clearly established federal law...continue to full post

Full post as published by Sentencing Law and Policy on March 31, 2010 (boomark / email).