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March 10, 2005

Lots more Booker action in the Sixth Circuit

I joked in my earlier review of yesterday's circuit court work that the Sixth Circuit was surprisingly Booker quiet yesterday.  I see now from posts at Appellate Law & Practice that the Sixth Circuit is back at it today with a set of notable Booker rulings.  For now I can only give the highlights, since I am busy with the great conference here at OSU on "The Mind of a Child: The Relationship Between Brain Development, Cognitive Functioning, and Accountability Under the Law"  co-sponspored by my own Ohio State Journal of Criminal Law.

  • In US v. Bradley, No. 03-6328 (6th Cir. Mar. 10, 2005) (available here, summary from AL&P here), the court appears to uphold a pre-Blakely appeal waiver.  I have previously pondered the fate and future of appeal waivers after Booker in this post.

  • In Ballard v. US, No. 03-5117 (6th Cir. Mar. 10, 2005) (available here, summary from AL&P here), the court appears to sustain a defendant's ineefective assistance claim based on counsel's failure to raise an Apprendi issue.

  • In US v. Barnett, No. 03-6328 (6th Cir. Mar. 10, 2005) (available here, summary from AL&P here), the court denies the government's rehearing petition in the Circuit's leading plain-error case (Barnett background is here.)  Thus, while the plain error madness rages on the in the Fourth Circuit (details here), it would now appear to be settled in the Sixth.

March 10, 2005 at 01:12 PM | Permalink

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