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November 6, 2006

Super (sentencing) Tuesday

Even though even this blog has been overtaken by election fever (see posts here and here and here), the real excitement on Tuesday for sentencing fans is in the Supreme Court.  Fortunately, SCOTUSblog has posts to keep everyone up on the sentencing excitement at the High Court tomorrow.

This post discusses the issues in James v. United States (No. 05-9264), which asks "whether the Eleventh Circuit erred in ruling that a prior conviction for attempted burglary under Florida law qualifies as a 'violent felony' under the federal Armed Career Criminal Act."  This post discusses the issues in Burton v. Waddington (05-9222), which "considers whether to make retroactive, to earlier cases, its 2004 decision in Blakely v. Washington." In his post on Burton, Lyle Denniston astutely notes  that "a good deal of the argument Tuesday may focus on just how vital the reasonable doubt standard is to guaranteeing fair criminal trials."

I am very much looking forward to having same-day transcripts from James and Burton to keep me occupied while we await firm election results Tuesday night.

November 6, 2006 at 07:41 PM | Permalink


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