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June 24, 2004

Schriro . . . back to reality

Unsurprisingly, the Supreme Court today handed down Schriro v. Summerlin, concerning the retroactive application of the Ring / Apprendi rule, on the same day it expounded upon Apprendi's full meaning in Blakely v. Washington. And, given that Blakely extends Apprendi and calls into question two decades of guideline sentencing, it also was not surprising that the Supreme Court decided that these doctrines are not to be applied retroactively.

The opinions in Schriro are linked here, and the decision merits further analysis and commentary in the days ahead. But I am still reeling from Blakely, and Schriro will just have to wait.

June 24, 2004 at 01:34 PM | Permalink

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Comments

As Blakely shakes out, I , as a defense attorney, am being bombarded by imprisoned client's requests to file Blakely challenges to their pre-Apprendi sentences. I'd appreciate more legal analysis on this site about the retro aspects, which if defendants could break through, could lead to some incredible results in aggravated sentences. Thanks

Posted by: Kathy Goudy | Aug 14, 2004 6:35:22 PM

And, given that Blakely extends Apprendi and calls
into question two decades of guideline sentencing.

Posted by: Medic Blog | Mar 14, 2011 10:06:17 AM

I , as a defense attorney, am being bombarded by imprisoned client's requests to file Blakely challenges to their pre-Apprendi sentences.

Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 1:12:28 AM

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