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July 14, 2004

End of day news and commentary

The Blakely news and corresponding media coverage is growing as everyone figures out how big this story is. The Wall Street Journal (which unfortunately does not provide content on-line without a subscription) may have on Wednesday another in its series of thoughtful articles about the Blakely fall out. In addition, here's a brief (and surely incomplete) run-down of other noteworthy Blakely news.

Federal Developments: this AP story reports that U.S. District Judge Stewart Dalzell (ED Pa.) sentenced Frederick Leach to a 15-year term in a drug case instead of the guideline recommended 30-year term citing Blakely; Martha Stewart's sentencing is scheduled for Friday though U.S. District Judge Miriam Goldman Cedarbaum has not yet ruled on Stewart's lawyers' request to declare the federal sentencing guidelines unconstitutional -- this thoughtful article details the strategic challenges Stewart faces in deciding whether to speak at the sentencing.
MORE: This article dicusses Blakely issues in a Virginia District Court; this article reports that U.S. District Judge Michael J. Reagan of SD Ill. has continued all his sentencings to September or October; this article reports that U.S. District Judge John Manos has concluded that "the Blakely case does not affect federal law"; and this article quotes Deb Phillips of the U.S. attorney's office in Nashville saying, ''Right now, [Blakely will] just be a blip.''


State Developments: according to this article, Tennessee Criminal Court Judge Rebecca Stern sentenced a man convicted of raping an 82-year-old woman to a minimum 25-year sentence on Monday and said her sentence was limited by the Blakely ruling; and according to this article, Washington State Superior Court Judge Richard Strophy reduced by 19 months the sentence of a convicted murderer Monday relying on Blakely.

Other Commentary: Jason Hernandez over at the Blakely Blog provides this thoughtful run-down of issues raised during today's Senate hearing; Professor Kyron Huigens over at Punishment Theory continues his analysis of the problems he has with Justice Breyer's metaethics.

My own two cents: I found the Senate hearing very heartening with its consistently thoughtful and balanced discussion of many tough issues and its hints that at least a few Senators might want to re-think some major elements of the existing federal sentencing scheme. In the debate over the current "chaos" and the need for a quick fix, I continue to think it is very signficant that the USSC asserts "that a majority of the cases sentenced under the federal guidelines do not receive sentencing enhancements that could potentially implicate Blakely." USSC Written Testimony at p.2 (emphasis added). Finally, since DOJ representative Willaim Mercer's suggested that the time for legislative action might be in August, I am fearful that DOJ, if it feels that judges are low-balling sentences post-Blakely, will return to the Hill later this summer to seek a pro-prosecution "fix."

July 14, 2004 at 12:49 AM | Permalink

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Comments

I would really like to see what the USSC is referring to when it states that the majority of federal sentences do not involve Blakely factors (assuming Blakely applies, which they also state it does not). In my experience, I cannot make such an assertion. Ask them for their source as to these numbers. And, even if only 20% involved Blakely factors, it would still be a big problem, I would think.

Posted by: Tom Lincoln | Jul 14, 2004 1:58:37 AM

Tom, I agree with you completely. My own guess of the percentage of cases with Blakely issues would have been much higher. I'm waiting to see more stats from the USSC to support its assertion. Also, I agree that Blakely causes big issues even if only a small percentage of cases include Blakely factors --- cf. the importance of Apprendi even when only applied to legislative statutory maxs --- but my own opinion on the need for a legislative fix is influenced in part by just how many cases are impacted. Thanks for the thoughtful comments.

Posted by: Doug B. | Jul 14, 2004 7:26:13 AM

With regard to the Honorable Judge Stewart Dalzell, I invite you to go to my website freelisalambert.com and there you can read the unedited transcripts from the infamous 1997 habeus hearing which resulted in Lisa Lambert's well-deserved freedom. It was short-lived, thanks to millions of dollars and Alvin B. Lewis and Richard Sprague.....who, with their considerable clout, politically, flew in a "designated" Judge from the Ninth Circuit in California, Arthur Alarcon, to sit on the Three-member Third Circuit Panel which overturned his decision on a "technicality".

Sprague and Lewis, also, it should be noted were on the House Select Committee on Assasinations and were effective in clouding the investigation of both John F. Kennedy's assasination and Martin Luther King Jr.'s assasination.

Dalzell should have been given a medal of honor for what he uncovered in Lisa Lambert's so-called trial. Instead, he has been drug through the mud.

It's an outrage. The Third Circuit Court of Appeals has lied in their opinion concerning Lisa's innocence. I am currently taking apart their opinion and have facts to support my claim that they have lied in making their decision to keep an innocent woman in prison.

It is truly disturbing.

The Brady-Giglio violations in Lisa's trial were outrageous and many. She proved, in Dalzell's courtroom, at least 25 instances of prosecutorial misconduct. Why all this is ignored by the Third Circuit should disturb all Americans, and especially those in the Commonwealth of Pennsylvania.

On my website freelisalambert.com you can read the entire 3-week hearing that Judge Stewart Dalzell presided over and experience for yourself the reasons why he set Lisa Lambert free.

The Third Circuit should be ashamed, embarrassed, and hopefully, the en banc hearing Lisa is seeking now will reveal a more encouraging outcome which should never have been overturned in the first place.

We all, as Americans, should thank God that a Judge like Dalzell is still sitting on the bench. He is honest, accountable to no-one, and not afraid to make decisions that may anger closed and blind communities such as Lancaster County PA, to what is real and true.

2 months before his re-election, George W. Bush traveled to Lancaster County and convinced the Amish to vote for him. They did.

They have no sons or daughters fighting in Irag.
They don't believe in war. But they believe that somehow an ex-cocaine addict, and alcoholic, can somehow be born again and deserve not just one term, but two as President.

It's not that surprising really. The Amish are a huge number of votes. They can't stop having kids. Who cares if the majority of them have diseases we have no cure for?

When it comes time to find human bodies to test new drugs on, they are the bread winners.

The drug companies are making a fortune off the Amish. So is George W.

They do not sue anybody in a court of law. If an Amish person dies because of a risky operation, as in "genetic research", or FDA approval sought drug research.....involving an Amish person as guinea pig, it's not a problem.

Have you noticed how many FDA approved drugs lately have been taken off the market because of the deadly side-effects? Vioxx, most recently.

These drugs were already "tested" on the Amish, and we will never know how many people died as a result. Imagine if you will having a massive group of people whose religion forbids them from suing anybody?

Imagine you are a drug company eager for FDA approval? Your subjects are waiting in Lancaster County........your profits are not far behind.

The risk factor? Zero.

You might wonder, why George W. Bush would schmooze the Amish so heavily.

Stay tuned.

Sincerely, Heather Johnston editor: freelisalambert.com

Posted by: Heather Johnston | Nov 5, 2004 10:55:34 PM

With regard to the Honorable Judge Stewart Dalzell, I invite you to go to my website freelisalambert.com and there you can read the unedited transcripts from the infamous 1997 habeus hearing which resulted in Lisa Lambert's well-deserved freedom. It was short-lived, thanks to millions of dollars and Alvin B. Lewis and Richard Sprague.....who, with their considerable clout, politically, flew in a "designated" Judge from the Ninth Circuit in California, Arthur Alarcon, to sit on the Three-member Third Circuit Panel which overturned his decision on a "technicality".

Sprague and Lewis, also, it should be noted were on the House Select Committee on Assasinations and were effective in clouding the investigation of both John F. Kennedy's assasination and Martin Luther King Jr.'s assasination.

Dalzell should have been given a medal of honor for what he uncovered in Lisa Lambert's so-called trial. Instead, he has been drug through the mud.

It's an outrage. The Third Circuit Court of Appeals has lied in their opinion concerning Lisa's innocence. I am currently taking apart their opinion and have facts to support my claim that they have lied in making their decision to keep an innocent woman in prison.

It is truly disturbing.

The Brady-Giglio violations in Lisa's trial were outrageous and many. She proved, in Dalzell's courtroom, at least 25 instances of prosecutorial misconduct. Why all this is ignored by the Third Circuit should disturb all Americans, and especially those in the Commonwealth of Pennsylvania.

On my website freelisalambert.com you can read the entire 3-week hearing that Judge Stewart Dalzell presided over and experience for yourself the reasons why he set Lisa Lambert free.

The Third Circuit should be ashamed, embarrassed, and hopefully, the en banc hearing Lisa is seeking now will reveal a more encouraging outcome which should never have been overturned in the first place.

We all, as Americans, should thank God that a Judge like Dalzell is still sitting on the bench. He is honest, accountable to no-one, and not afraid to make decisions that may anger closed and blind communities such as Lancaster County PA, to what is real and true.

2 months before his re-election, George W. Bush traveled to Lancaster County and convinced the Amish to vote for him. They did.

They have no sons or daughters fighting in Irag.
They don't believe in war. But they believe that somehow an ex-cocaine addict, and alcoholic, can somehow be born again and deserve not just one term, but two as President.

It's not that surprising really. The Amish are a huge number of votes. They can't stop having kids. Who cares if the majority of them have diseases we have no cure for?

When it comes time to find human bodies to test new drugs on, they are the bread winners.

The drug companies are making a fortune off the Amish. So is George W.

They do not sue anybody in a court of law. If an Amish person dies because of a risky operation, as in "genetic research", or FDA approval sought drug research.....involving an Amish person as guinea pig, it's not a problem.

Have you noticed how many FDA approved drugs lately have been taken off the market because of the deadly side-effects? Vioxx, most recently.

These drugs were already "tested" on the Amish, and we will never know how many people died as a result. Imagine if you will having a massive group of people whose religion forbids them from suing anybody?

Imagine you are a drug company eager for FDA approval? Your subjects are waiting in Lancaster County........your profits are not far behind.

The risk factor? Zero.

You might wonder, why George W. Bush would schmooze the Amish so heavily.

Stay tuned.

Sincerely, Heather Johnston editor: freelisalambert.com

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In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB