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February 2, 2009

California Supreme Court finds Cunningham retroactive to Blakely

Providing perhaps a fitting judicial celebration of Groundhog Day, the Supreme Court of California has decided today that the Supreme Court's ruling in Cunningham must be applied retroactively to state cases that become final on direct appeal between Blakely and Cunningham.   The unanimous decision in In re Sotero Gomez, S155425 (Cal. Feb. 2, 2009) (available here), starts this way:

This case presents the question whether Cunningham v. California (2007) 549 U.S. 270 (Cunningham) applies on collateral review of a judgment that became final before Cunningham was decided but after Blakely v. Washington (2004) 542 U.S. 296 (Blakely) was decided.  We conclude that Cunningham does apply in these circumstances, and reverse the contrary decision of the Court of Appeal.

February 2, 2009 at 01:11 PM | Permalink


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Posted by: חלקי חילוף לרכב | Jan 3, 2011 8:04:12 AM

wife of an inmate given an upper term sentence by judge (CA)seeks any new/current ruling to Cunningham or current sentencing guidelines with retroactivity

Posted by: Dorian Seegars | Apr 19, 2011 3:52:04 PM

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