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February 13, 2005

The New Jersey Blakely saga continues

As I have detailed in posts here and here and elsewhere, the story of Blakely in New Jersey (aka the state which gave us Apprendi) is quite engaging and dynamic.  Responding to the state's lament that "uncertainty regarding the effect, if any, of the Blakely opinion on [New Jersey's] ordinary term sentencing system has had a paralyzing effect on sentencing judges, defense attorneys, and prosecutors," the New Jersey Supreme Court recently agreed to review three major Appellate Division Apprendi and/or Blakely rulings on an expedited schedule.

NJ attorney Steve Sanders — who has been involved in these cases as an amicus  for the Association of Criminal Defense Lawyers of New Jersey — has been kind enough to pass along some of the briefs in these cases.  For the interested reader, I have provided these briefs for downloading below.  Among the notable aspects of the briefs is that the defendants say that Booker shows that Blakely is applicable to NJ's sentencing laws, while the State argues that Booker reinforces its argument that NJ's scheme is perfectly constitutional.

Download nj_state_brief_in_natale.pdf

Download nj_acdl_natale_supp. Brief.pdf

Download nj_abdullah.spplmtl.brf1.pdf

February 13, 2005 at 08:24 PM | Permalink

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Comments

I am an adjunct professor at Rowan University. I have been searching the codes/statutes for a statement regarding NJ's purposes for criminal punishment (sentencing). Could you please direct me to the appropriate language/statute as to NJ's position re: our main purposes for criminal punishment?

Please email me at [email protected]

Posted by: Maria Daniel | Feb 23, 2005 10:25:13 AM

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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