Ruling On Max Sentences Isn't Retroactive: Fla. High Court

Law360, Miami (June 27, 2013, 8:29 PM EDT) -- The Florida Supreme Court ruled Thursday that a 2004 U.S. Supreme Court decision restricting judges' ability to enhance sentences based on facts not determined by a jury does not apply retroactively and cannot be used for post-conviction relief from a sentence applied before the ruling.

The state high court quashed a lower court's ruling and declined to allow retroactive application of the U.S. Supreme Court's decision in Blakely v. Washington, which held that the Sixth Amendment's right to a jury trial prohibits judges from enhancing criminal...
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