« Fanfan to the Supreme Court? | Main | FSG found unconstitutional on both coasts of Pennsylvania »

July 18, 2004

Sunday, Blakely, Sunday

The media continues to figure out how big the Blakely story is, and the increased coverage means I can and will only try to provide an occasional sampling of the Blakely media reporting (though readers should continue to send me links to news stories that are especially interesting or thoughtful).

So here goes: This article from The Illinois News Gazette discusses efforts in a local federal bank fraud case to deal with Blakely through a plea agreement waiver of Blakely rights; this story from the Richmond Times-Dispatch discusses Richmond US District Court Judge Henry Hudson's conclusion that, after Blakely, he must "employ the guidelines as merely advisory and will utilize [his] own, independent judgment in determining the appropriate sentence to impose"; this article from the Providence Journal has a thorough review of Blakely's impact on Rhode Island's federal cases; and finally, this article from the Syracuse Post-Standard has a thoughtful account of how Blakely is impacting federal cases in upstate New York and also reports that "federal judges across the country have been e-mailing each other to figure out the impact of [Blakely] on the sentencings of criminals." (Aside: How clever to use technology to share information about Blakely; I should try something like that.)

Helpfully, there are also now many good sources for getting a somewhat broader perspective on Blakely developments. For example, Newsweek now has available this thoughtful piece, which locates the Blakely story within a broader sentencing reform landscape. And Ken Lammers over at CrimLaw nicely reviews and comments upon various post-Blakely views of the federal guidelines in this post. And finally Jason Hernandez over at the Blakely Blog continues to do a very fine job collecting and linking to many Blakley news stories and other materials.

Of course, I will be reading the papers this Sunday morning while watching a star-studded leaderboard battle for the Claret Jug at The British Open. Let's see if Ernie Els can vindicate my (not so bold) prediction here that he was the player to beat. I expect my favorite golf blog will have a lot to say when The Open is all said and done.

July 18, 2004 at 06:12 AM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference Sunday, Blakely, Sunday:


Hudson, EDVA, has a reputation as a heavy sentencer. He seems to be one of the select few that the guidelines actually reign in.

Hudson is also the only judge whom the defense bar in EDVA is reporting to have accepted Blakely waivers. However, that report was a couple weeks old so others may have followed suit.

Posted by: Anonymous | Jul 18, 2004 9:48:51 AM

I am a defense attorney. I have read this blog with great interest regarding the blakely decision. I have found the links extremely useful. I do think that the Utah decisions are of great interest, but do not think Judge Cassell's decisions are nearly as well reasoned as Judge Stewart's opinion in United States v. Montgomery. I especially believe that Judge Stewart's reasoning regarding the ability of the federal prosecutors to effectively obtain appropriately severe sentences regardless of Blakely. See pages 9 and 10 of the opinion. Most of the reasoning by judges both district judges and circuit courts, amounts to attempts to find some convoluted way to avoid doing what Blakely mandates. The simplest, clearest, and most obviously constitutional method is to have the jury find the facts necessary for the enhancements. It is not difficult in the vast majority of cases to do this with the verdict form as is being done by a number of district judges in cases now going to trial. This method most directly and obviously complies with Blakely. Again I appreciate the time you are taking to compile this blog and believe it is extremely useful.

Posted by: jim rice | Jul 19, 2004 12:36:49 PM

The Illinois News Gazette discusses efforts in a local federal bank fraud case to deal with Blakely through a plea agreement waiver of Blakely rights

Posted by: Robe de Soirée 2013 | Dec 13, 2012 12:34:46 AM

Post a comment

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