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September 8, 2005

Cert. pool filling up with Blakely cases

In posts here and here, I have explored whether John Roberts might impact the Supreme Court's agenda even more than its jurisprudence.  (Of course, I am focused on this issue in part because there are so many post-Blakely and post-Booker questions that I think merit the Supreme Court's attention and in part because I hope not to have to keep kvetching again and again about the Court's grants of cert. in so many death penalty cases.)

Providing a fitting follow-up to my recent reflections on the Supreme Court's likely next foray into the Blakely/Booker thicket, I see from fellow bloggers that the SCOTUS cert. pool is continuing to fill up with cases raising Blakely issues:

  • At Criminal Appeal, Jonathan Soglin has this post noting that the California attorney general has to respond early next week to the cert. petition in Abeyta, which asks the Supreme Court to review California's sentencing scheme under Blakely.

  • At INCourts, Michael Ausbrook has this post noting that Indiana soon has to respond to the cert. petition in Smylie, which asks the Supreme Court to examine whether judicial fact-finding to support consecutive sentencing is problematic under Blakely.

September 8, 2005 at 10:46 PM | Permalink

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Tracked on Sep 9, 2005 12:54:05 AM

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