Williams v. Haviland

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case requires us to consider whether Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), overturned the repeated holding of the Supreme Court, see, e.g., Rose v. Mitchell, 443 U.S. 545, 557 n. 7, 99 S.Ct. 2993, 61 L.Ed.2d 739 (1979), that the Fifth Amendment grand jury right, U.S. Const, amend. V, was not incorporated by the Fourteenth Amendment, U.S. CONST. amend. XIV, and thus does not apply to state prosecutions. Relying on Apprendi, the district court granted Petitioner-Appellee Samuel Williams’s habeas petition on…