Legal Opinion
Cvijetinovic v. Eberlin
Court of Appeals for the Sixth Circuit
Decided August 23, 2010No. 08-3629PublishedCited by 32 opinions
1Opinion of the CourtBoggs, J., joined by Griffin, J.,
KEITH, J. (pp. 840-43), delivered a separate dissenting opinion.
OPINION
BOGGS, Circuit Judge.
Warden Michelle Eberlin appeals the district court’s order conditionally granting Ohio prisoner Alexsandar Cvijetinovic’s petition for a writ of habeas corpus. In the petition, Cvijetinovic claimed that his presumptive sentence was enhanced on the basis of judge-found facts, a practice forbidden by the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Though it determined that Cvijetinovic’s Blakely claim was proeedurally defaulted, the district…
2Cases cited38 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Murray v. CarrierSupreme Court of the United States · 1986
- Bousley v. United StatesSupreme Court of the United States · 1998
- Ring v. ArizonaSupreme Court of the United States · 2002
33 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Jalowiec v. BradshawCourt of Appeals for the Sixth Circuit · 2011
- Derry Lovins v. Tony ParkerCourt of Appeals for the Sixth Circuit · 2013
- Gibbs v. United StatesCourt of Appeals for the Sixth Circuit · 2011
- Amos v. RenicoCourt of Appeals for the Sixth Circuit · 2012
- Donald Phillips v. Randy WhiteCourt of Appeals for the Sixth Circuit · 2017
27 more not listed; retrieve them via the Exa API.