Libby v. State

[¶ 1] This case raises the constitutionality of the State’s murder sentencing procedures in light of the United States Supreme Court’s decisions in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and its progeny, 1 and our decision in State v. Schofield, 2005 ME 82, 895 A.2d 927. Libby appeals a judgment of the Superior Court (Cumberland County, Wheeler, J.) summarily dismissing his petition for post-conviction review. Libby argues that the trial court failed to apply the holdings of Apprendi and Schofield, which recognize the existence of a Sixth Amendment right…