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December 22, 2006

Where's Cunningham in California reform plans?

As first discussed here, yesterday California Governor Arnold Schwarzenegger announced his comprehensive proposals for dealing with his state's sentencing and prison woes.  Today, in turn, brings lots of news coverage from the Los Angeles Times and the Sacramento Bee and the San Francisco Chronicle.

One interest facet of these developments is that no one appears to be talking about the Cunningham case before the Supreme Court, which concerns Blakely's applicability to California's sentencing system (lots of background here).  What I consider most intriguing here is that the relationship between Gov. Schwarzenegger's proposals and Cunningham possibly runs both ways: not only will the Supreme Court's eventual decision in Cunningham possibly impact California's reform plans, but California's reform plans might possibly impact the Supreme Court's eventual decision in Cunningham.

December 22, 2006 at 04:44 PM | Permalink


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The governor's plan is at a high level of generality. Dealing with Cunningham is, I suspect, the kind of thing he expects the new commission to address. That commission appears to be more of standing study-and-recommend group, rather than an agency with the power to directly regulate sentencing in the pre-Booker USSC mode.

Posted by: Kent Scheidegger | Dec 22, 2006 7:05:15 PM

Ha! I thought this was about California's Duke Cunningham.

Posted by: California Cunningham | Apr 12, 2008 9:29:54 PM

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