A stately week in review

In the week since this prior review of dog day developments, the most interesting and dynamic rulings have been coming from state courts in Minnesota, New Jersey and Oregon.  However, as the review below highlights, there has also been a lot of noteworthy sentencing action from the federal circuit courts and elsewhere.

STATE BLAKELY DEVELOPMENTS AND COMMENTARY

• Minnesota Supreme Court finishes up some important Blakely work
• Oregon Supreme Court rules juvenile adjudications do not come within "prior conviction" exception
• Reports on recent state Blakely action
• Pondering the next SCOTUS Blakely/Booker case

BOOKER CIRCUIT COURT DEVELOPMENTS AND COMMENTARY

• Is the Fifth Circuit hesitant to deem a guideline sentence unreasonable?
• Seventh Circuit says reliance on acquitted conduct still okay after Booker
• Fifth Circuit clearing Booker pipeline
• Eighth Circuit reverses sentence for failure to consult
• Second Circuit ruling on harmless error
• A busy sentencing day for the First Circuit
• Ninth Circuit amends notable footnote on sentencing procedure
• Eighth Circuit join chorus saying Blakely does not apply to restitution
• Interesting dissenting discussion of Blakely retroactivity
• Pondering the next SCOTUS Blakely/Booker case

DEATH PENALTY DEVELOPMENTS AND COMMENTARY

• Significant New Jersey ruling on implementing Atkins
• More on Roberts and capital punishment
• Justice Stevens speech critical of death penalty now on-line
• Hands off habeas

OTHER SENTENCING DEVELOPMENTS AND COMMENTARY

• Race, mandatories, discretion and activism in Arizona
• DOJ's Orwellian defense of mandatory minimum guidelines
• More politicians participating in sex offender panic
• Debating sex offender sentencing
• (End of) summer sentencing reading list