Block on Trump's Asylum Ban Upheld by Supreme Court
Cvijetinovic v. Eberlin, 08-3629, concerned a challenge to the district court's conditional grant of defendant's request for habeas relief from his enhanced sentence, on the ground that defendant was sentenced under provisions of Ohio's sentencing scheme that permitted sentencing enhancements based on judicial fact-finding in violation of Blakely.
In reversing, the court held that defendant procedurally defaulted his Blakely claim, and that defendant has not shown cause for procedurally defaulting the claim. In so concluding, the court rejected defendant's contention that at the time of his default, his Blakely claim was so "novel that its legal basis was not reasonably available."
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Sign into your Legal Forms and Services account to manage your estate planning documents.Sign In
Create an account allows to take advantage of these benefits: