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March 17, 2008

SCOTUS taking up Apprendi/Blakely consecutive sentencing issue

I am pleased to report that this morning the Supreme Court has announced that it is taking up another important Apprendi/Blakely issue.  From today's SCOTUS order list (which also includes a few Gall and Kimbrough remands), here is the basic story:

07-901 OREGON V. ICE, THOMAS E.

The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following question: Whether the Sixth Amendment, as construed in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), requires that facts (other than prior convictions) necessary to imposing consecutive sentences be found by the jury or admitted by the defendant.

Sing it with me, Blakely fans: Ice, Ice Baby.  Here's a bit of fractured lyrics sampling from the original to celebrate the SCOTUS litigation occasion:

Yo, Justices, Let's kick it!

Ice Ice Baby, Ice Ice Baby

All right stop, Collaborate and listen
Ice is back with a new Blakely invention
Sentencing grabs a hold of me tightly
Flow like a Justice daily and nightly
Will it ever stop? Yo I don't know...

If there is a problem, Yo, we'll solve it
Check out the issue while Berman revolves it

Ice Ice Baby Vanilla, Ice Ice Baby Apprendi
Ice Ice Baby Vanilla, Ice Ice Baby Apprendi

March 17, 2008 at 10:18 AM | Permalink

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Comments

Doug:

With those fractured lyrics you just devolved from a large mammal back to a marauding marsupial. You need to put up a video on youtube.

Posted by: ky | Mar 17, 2008 1:32:21 PM

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