Fox Joseph Salerno v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.
DueProcess
Does Apprendi decision apply to Arizona Defendants
QUESTION(S) PRESENTED ONE Does Apprendi decision apply to Arizona Defendants on the date that the U.S. Supreme Court ruled on Apprendi (June 26, 2000), or on the date that the Blakely decision came out (June 24, 2004), which only re-interprets the meaning of Apprendi? TWO Is Blakely retroactive to Apprendi? THREE If a defendant does not admit aggravating factors nor does a jury convict him of these aggravating factors as is now required under Apprendi, does the court or did the court have SMJ or any jurisdiction, to issue an enhanced sentence using these aggravating factors? FOUR Does the Rule of Lenity or Rule of Finality take precedence? They are in conflict in this case and the lower court is choosing Finality. FIVE Did the Ninth Circuit violate Slack v. McDaniel, 529 U.S. 473, 484, 120 S. Ct. 1595, 146 L. Ed. 2d 542 (2000); see also 28 U.S.C. § 2253(c)(2); in denying Certificate of appealability, by relying on their own conflicting ruling in United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir. 1993)