Legal Opinion
State v. Ward
Court of Appeals of Arizona
Decided September 8, 2005No. 1 CA-CR 04-0435-PRPublishedCited by 21 opinions
1Opinion of the Court
OPINION
IRVINE, Judge.
¶ 1 Petitioner Miles Ward, Jr., seeks review of the trial court’s orders summarily dismissing both his petition and supplemental petition for post-conviction relief. For the reasons that follow, we grant relief in part and deny it in part. In the course of our decision, we hold that the United States Supreme Court’s opinion in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), applies to all “Rule 32 of-right” post-conviction relief proceedings not yet final on direct review when Blakely was decided. We also hold that Ward did not waive the right…
2Cases cited38 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Blakely v. WashingtonSupreme Court of the United States · 2004
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3Cited by21 opinions
- State v. SwoopesCourt of Appeals of Arizona · 2007
- Marilyn Gene Summers v. Dora B. Schriro, Director, Warden Terry Goddard, Attorney General of the State of ArizonaCourt of Appeals for the Ninth Circuit · 2007
- State v. BakerCourt of Appeals of Arizona · 2007
- State v. BryantCourt of Appeals of Arizona · 2008
- State v. KingNew Mexico Court of Appeals · 2007
16 more not listed; retrieve them via the Exa API.