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May 1, 2005

New Jersey AG wants Gomez to spread to the Garden State

Though I do not have an electronic copy to post, I can report that New Jersey's Attorney General has recently submitted a letter to the NJ Supreme Court in the state's pending Blakely case which contends the "Supreme Court of Tennessee [in Gomez] was absolutely correct in its interpretation of Booker." This letter seems almost comical because Tennessee's own attorney general, as detailed here, has filed a petition to rehear Gomez which contends that in Gomez the Supreme Court of Tennessee "has overlooked or misapprehended a material proposition of law."

In other words, Tennessee's own AG realizes that Gomez is wrong and needs to be overturned, but New Jersey's AG wants the NJ Supreme Court to rely on Gomez to uphold New Jersey's sentencing scheme.  (The Tennessee Supreme Court's ruling in Gomez which found Blakely inapplicable to Tennessee's sentencing scheme is detailed here, and my explanation of why that ruling seems to rest on a complete misunderstanding of Apprendi and Blakely is detailed here.)

Relatedly, Michael Ausbrook over at INCourts has a recent post, fittingly titled More on Misunderstanding Booker by the States, which discusses Gomez and other state rulings falling prey to its misunderstanding of Blakely and Booker.

May 1, 2005 at 08:44 PM | Permalink

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