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August 8, 2004

Week in Review

Post from Ron:
There has been more than enough turmoil in sentencing this summer, but we are finally getting a few days every now and then to catch our breath. In these short respites, it is worth reviewing recent events and asking about any patterns that have begun to form.

There are a few stories from the past week that are especially telling for me. Coming into the week, we already knew a lot about the profusion of positions that federal courts were taking, with different nuances on questions of constitutionality and severability. But this past week told us something about the prospects for the near- and mid-term in both the states and the federal courts.

The Vera Institute report (available here) diagnosed the potentially broad spread of Blakely effects within the states. The effects are indeed wide, reaching many states, but they might not become very deep. The Minnesota Commission report (available here), coupled with early returns from North Carolina (background here) suggested that the number of cases affected, even in truly presumptive guideline states, could remain quite small. On the other hand, there are some wildly expansionist possibilities, if Blakely reaches probation revocations, juvenile waivers into adult court, or calculations of criminal history that go beyond the simple fact of a past conviction (such as custody status at the time of the current crime).

And finally, the O'Daniel case from the Northern District of Oklahoma might point the way to a stable set of practices for plea negotiations and the waivers that judges will accept or not accept. The opinion (linked here) is worth another read as we think over the next few weeks about our direction.

August 8, 2004 at 11:29 PM | Permalink

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Here is the new waiver of jury used by the Northern District of Oklahoma:

WAIVER OF JURY
COMES NOW the undersigned defendant, and having been fully apprised of my rights, do hereby WAIVE my SIXTH AMENDMENT RIGHTS to a jury IN ALL RESPECTS both as to guilt or innocence and as to sentencing.
Accordingly, I hereby CONSENT that all matters in the above styled and numbered criminal proceedings be determined by the Court in accordance with Rule 23, Rules of Criminal Procedure.

Posted by: Erin Dailey | Aug 9, 2004 11:28:39 AM

But this past week told us something about the prospects for the near- and mid-term in both the states and the federal courts.

Posted by: Robe de Soirée 2013 | Dec 14, 2012 1:57:38 AM

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