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Split Ninth Circuit ruling on reach of Apprendi's prior conviction exception in habeas appeal

By Douglas A. Berman

A split Ninth Circuit panel has a notable little decision about Apprendi's reach today in Wilson v. Knowles, No. 07-17318 (9th Cir. Feb. 8, 2011) (available here).  The majority opinion explains the issue and its holding this way: The Supreme Court held in Apprendithat, except for the fact of a prior conviction, any facts that increase a defendant?s sentence beyond the statutory maximum must be proved to a jury beyond a reasonable doubt. See Apprendi, 530 U.S. at 490.  The trial judge in this case found three additional facts about the 1993 accident that increased Wilson?s sentence to 25 years to life: First, that Wilson personally inflicted bodily injury on Horvat; second, that the injury was great; and third, that the victim was not an accomplice...continue to full post

Full post as published by Sentencing Law and Policy on February 08, 2011 (boomark / email).