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September 23, 2004

So many California cases, so little time

California has definitely become the pace-setter for states dealing with Blakely issues. As noted here, California's Supreme Court even beat SCOTUS to the punch in granting review of a major Blakely issue (and the folks at the First Division Appellate Project now have this very helpful page collecting materials on both Blakely cases to be reviewed by the California Supreme Court).

Moreover, it seems every time I log on to Westlaw or Lexis there is another batch of decisions of note from the California intemediate appellate courts. Just yesterday, three more interesting California decision were handed down, two of which found Blakely inapplicable to consecutive sentencing, see People v. White, 2004 WL 2106207 (Cal. App. 2 Dist. Sept. 22, 2004); People v. Park, 2004 WL 2106211 (Cal. App. 2 Dist. Sept. 22, 2004), and one of which summarily reversed a sentence as violative of Blakely, see People v. Butler, 2004 WL 2106213 (Cal. App. 2 Dist. Sept. 22, 2004).

A Westlaw search reveals that there are already nearly 50 California cases on-line addressing Blakely claims or issues (though a number of these decision are technically "nonpublished"). And, as detailed here by Jonathan Soglin "splits of authority are developing in California on various Blakely-related questions, including which aggravating factors does Alamendarez-Torres control, and how waiver and prejudice work in the Blakely context."

September 23, 2004 at 12:35 PM | Permalink

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