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May 13, 2005

Notable developments in Supreme Courts

With the help of the always helpful blogsphere, I see some notable Supreme Court developments on sentencing issues:

  • As noted and explained in this post by Michael Ausbrook at INCourts, the Indiana Supreme Court yesterday issued a bunch of per curiam opinions discussing Blakely issues in the wake of its big Smylie decision(basics here, commentary here and here and here).  I hope to comment more of these decisions, all of which can be accessed here, once I get a chance to review them closely.

  • As noted and explained in this post by Tom Goldstein at SCOTUSblog, a couple of cases to be watched closely for possible cert. grants next week involve sentencing issues.  One case raises the Booker pipeline issue of whether "a defendant waived a claim of Booker error on appeal by not raising the question in his opening brief."  Another case from Kansas concerns "whether the Constitution permits the imposition of the death penalty when evidence of aggravating and mitigating circumstances is in equipoise, or whether the aggravators must outweigh the mitigating circumstances."

May 13, 2005 at 12:13 PM | Permalink


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