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June 11, 2006

Could we get more Blakely/Booker SCOTUS surprises this week?

As noted in this post, last week I was prepared for some sentencing-related Supreme Court opinions, but instead was pleasantly surprised by a SCOTUS cert grant on Blakely retroactivity in Burton (highlights in this category archive).  Now I am wondering whether this coming week might bring some additional Blakely or Booker surprises from the Supreme Court.

Of course, the Blakely error question at issue in Washington v. Recuenco makes Recuenco the case most likely to produce sentencing-related fireworks (background at this category archive).   But, aided by this post over at SCOTUSblog listing pending SCOTUS matters, I have my eye on these other cases which might cover concepts that could impact the post-Blakely and post-Booker world:

  • Kansas v. Marsh (constitutionality of a death penalty law that requires death if plus and minor factors are in balance) (re-argued case)
  • Dixon v. U.S. (burden of proof on defense of duress or coercion in criminal case)
  • Clark v. Arizona (right to make an insanity defense to disprove criminal intent)

June 11, 2006 at 11:34 AM | Permalink

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