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October 22, 2004

A window on waiver

I have heard interesting and diverse anecdotal stories about when and how defendants are expressly waiving their Blakely rights, and I get the sense that Blakely waivers are quite common and quite varied in courts nationwide. A decision earlier this week from Maine (which just came on-line) provides a window on waiver in federal district court. Though the ruling of US District Judge John Woodcock in US v. Roper, 2004 U.S. Dist. LEXIS 20957 (D. Maine Oct. 19, 2004), does not break significant jurisprudential ground, it does reveal some of the new waiver dynamics that have arisen in the wake of Blakely.

October 22, 2004 at 12:34 AM | Permalink


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