June 24, 2005
Thoughtful commentary on Black decision
UC Hastings law professor Vikram David Amar now has this terrific (and lengthy) commentary on FindLaw discussing the California Supreme Court's big Blakely decision earlier this week in Black (basics here, commentary here). I won't try to summarize Vik's many insights, but I will highlight his astute closing sentence:
It will be quite interesting to see whether the U.S. Supreme Court feels the need to accept review in yet another one of these cases, assuming Mr. Black files a petition for that Court's review.
June 24, 2005 at 11:27 AM | Permalink
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A commentator on "crimeblawg" pointed out that the Black decision says there is no 'bright-line' rule, and then claims this is "contrary to widely held views that Blakely and Booker DO draw a bright-line" and links to a google page that, after perusal, seems to point to the second circuit over and over again. My understanding was that it was a pretty clear bright-line rule, but what other circuits have clearly stated so?
I agree with commentators who think the ninth circuit is out to lunch. The kind of "facts" being used in the CA determinate sentencing scheme seems a lot like the kind of "facts" used in Booker.
Posted by: Wallace Francis | Jul 15, 2005 7:29:29 PM