Miller v. Lampert

Petitioner raises two issues in this post-conviction proceeding. The first is whether Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), applies retroactively. Petitioner acknowledges that this court has held that it does not, see Page v. Palmateer, 336 Or 379, 84 P3d 133 (2004) (so holding), but he argues that later cases have undermined Page’s reasoning. If Apprendi does not apply retroactively, the second issue is whether petitioner’s trial counsel was constitutionally inadequate for failing to anticipate and argue for the federal rights that Apprendi later…