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May 25, 2005

Of interest around the blogsphere

I see a number interesting sentencing-related items on other blogs that merit attention:

  • Grits for Breakfast has the news here that an "overhaul of Texas' probation system sailed through the Texas Senate yesterday and is now headed to the Governor."

  • INCourts discusses here three interesting Blakely decisions from the intermediate appellate courts in Indiana.

  • Steve Sady at the Ninth Circuit Blog has this extended analysis of two new circuit cases which "provide critical pieces of the post-Shepard logic that requires re-interpretation of the Armed Career Criminal Act and Section 922(g)."

  • Mike at Crime & Federalism in this post astutely spots a "Crawford at sentencing" issue in a recent Eighth Circuit decision.

  • Will Baude at Crescat Sententia in this post notices, as did Orin Kerr at The Volokh Conspiracy, that Justice Thomas seemed quite willing in Deck, when a death sentence was at issue, to disregard originalism based on changed circumstances.

May 25, 2005 at 10:43 AM | Permalink


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i am an assistant prosecutor in monroe county, michigan-----is the "originalism" that forbids shackling a defendant based on a common-law custom or actual constitutional precedent?? it seems that it would not be completely irrational to call oneself an originalist as far as the constitution goes and yet be much more willing to tinker with common-law precedent.

Posted by: jack simms | May 26, 2005 5:24:44 PM

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