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December 24, 2005

Seeking end of year "best" "most" "top" ideas and nominations

As 2005 winds to a close, I am thinking about possible end-of-year lists I could assemble like "Best sentencing opinions" or "Most interesting sentencing proposals" or "Top blog posts on sentencing topics."   Lacking the inspiration to pick one idea and assemble candidates on my own, I would be grateful if readers would use the comments to (1) propose ideas for "best" "most" "top" lists, and/or (2) make nominations for any such list.

December 24, 2005 at 11:27 AM | Permalink


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Being boring and picking "worst sentencing decision" as a category, why not be equally boring and choose Breyer's remedial opinion in Booker as the worst sentencing decision of 2005? We can complain all we like about how courts have taken every opportunity to make sure the post-Booker world looks just like the pre-Booker one, but Breyer's majority opinion gave the courts license to do what they've done.

Apparently Breyer's view of liberty isn't so "active" when the Sentencing Commission is involved...

Posted by: LT | Dec 24, 2005 2:44:30 PM

from defense atty. My vote for bestBest Sentencing Opinion is USDC RI- Torres for taking on disparity between crack/powder

Posted by: Tamara Barney | Dec 24, 2005 2:58:04 PM

While I am not unbiased, I would nominate as a blog highlight your kudos to North Carolina in early July. Within the space of 24 hours, NC gave both legislative and judicial recognition to the fundamental principles of Blakely. House Bill 822 (June 30) and State v Allen (July 1). NC has rejected completely judicial factfinding which convicts a defendant of a greater crime than the crime for which the jury convicted him. In addition, such error was held to be structural, incapable of harmless error analysis. I believe we Tar Heels can justifiably be proud or our state's recognition of the right to jury trial truly being the "spinal column of our democracy."

Bruce Cunningham
defense lawyer

Posted by: Bruce Cunningham | Dec 25, 2005 8:23:31 PM

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