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Intriguing Apprendi habeas decision from Seventh Circuit

By Douglas A. Berman

Through a lengthy opinion today in Mack v. Battaglia, No. 06-3257 (7th Cir. June 18, 2008) (available here), the Seventh Circuit turns away an interesting Apprendi claim coming from an Illinois prisoner.  Here is the start of the panel's analysis in Mack:Mack?s case comes down to a single, discrete issue.  Mack contends that his natural life sentence violates the principle of Apprendi because there was no jury determination establishing the facts necessary to impose an enhanced sentence, and Mack never waived his right to have a jury trial as to his sentence.  He maintains that this error was not harmless and that the state court errors prejudiced him.  He argues that double jeopardy principles bar another sentencing trial, and that he should therefore be re-sentenced to a maximum term of up to forty years? imprisonment...continue to full post

Full post as published by Sentencing Law and Policy on June 18, 2008 (boomark / email).