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April 16, 2005

Sentencing world in warp speed

In last week's wrap-up post here, I noted that April started off just as crazed as March — which brought us major sentencing developments from state and federal courts and legislatures (summarized in posts linked here and here and here and here and here).  And after this week, which included House and US Sentencing Commission hearings and a stunning array of court rulings, I have concluded that the sentencing world is stuck in warp speed.  Below I have links to just some of the action whizzing by:

STATE BLAKELY DEVELOPMENTS AND COMMENTARY

DISTRICT COURT DEVELOPMENTS AND COMMENTARY

HOUSE AND USSC HEARINGS AND COMMENTARY

BOOKER "PLAIN-ERROR" DEVELOPMENTS AND COMMENTARY

OTHER BOOKER CIRCUIT DEVELOPMENTS AND COMMENTARY

April 16, 2005 at 02:39 AM | Permalink

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Comments

Hi. I'm an attorney. I've been looking for any cases that have applied Blakely or Booker retroactively. Even though the 2d Circuit, where I practice, has held that they are not retroactive, I am applying for a COA, so (I argue) it is enough if I can show that other "reasonable jurists" hold they are retroactive. I've only found one state, Colorado, which holds that Blakely is retroactive to Apprendi. (Colorado v. Johnson, 2005 Colo. App. LEXIS 511). Do you know of any other cases? Thanks, Marsha

Posted by: Marsha Taubenhaus | Apr 18, 2005 4:55:15 PM

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