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October 4, 2006

Read all the Blakely retroactivity SCOTUS arguments

We are now only a week away from SCOTUS arguments in Cunningham, the big case about Blakely's application to California's structured sentencing system (background at this category archive).  But if retroactivity issues are more your cup of Blakely tea — an issue soon to come before the Court in Burton — a lot of exciting reading is now available.

Thanks to Kent Scheidegger providing this post at Crime & Consequences and this link, everyone can now easily access all of the briefs filed so far in Burton.  In an e-mail, Kent noted that the Criminal Justice Legal Foundation's amicus brief at pages 14-15 cites to my very first post about Blakely as evidence that Blakely announced a new rule.  (Not surprisingly, the CJLF brief does not highlight that I might consider Blakely a watershed rule under Teague even if it does qualify as new.)

There is a lot of heavy lifting in all these briefs, but I hope to comment at length about the arguments being made in Burton, and the broader realities of Blakely retroactivity, as the oral argument date (Noember 7) approaches.

Related posts about Burton:

October 4, 2006 at 04:11 AM | Permalink


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