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November 26, 2004

Media reports from the front lines

The print media continues its strong work on the Blakely beat with two well-done articles providing details about how some federal and state courts are coping with the Blakely earthquake.

This article reports on federal court developments in the Western District of Louisiana, and confirms my sense (noted here) that many federal cases are being delayed while we await a decision in Booker and Fanfan:

[S]ome federal court cases are being put on hold in the Western District of the state, which includes Shreveport, Bossier City, Monroe and Lafayette, [U.S. Attorney Donald] Washington said. Hearing dates for sentencing, as well as trials, have been postponed or pushed to future dates.

Meanwhile, this article reports on doings in the Arizona state courts in the wake State v. Henderson, 2004 WL 2608286 (Ariz. App. Div. 1, Nov. 18, 2004), noted here, that addressed how Blakely error should be reviewed.  The article confirms that state systems have generally been better able to cope with Blakely because the states do not depend quite as heavily on judicial factfinding.

November 26, 2004 at 04:53 PM | Permalink

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