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January 11, 2005

A bold (and silly?) prediction

As noted previously, tomorrow the Supreme Court will hand down one or more decisions, but then, after tomorrow, the following Tuesday or Wednesday (Jan. 18 or 19) seem to be the next earliest possible decision days.  Just for fun, I am going to predict now that tomorrow we won't see Booker and Fanfan, but we will see a decision in Roper v. Simmons, the juvenile death penalty case that has both sentencing and international law significance (background here and here).

I make this prediction in part because, as noted by SCOTUSBlog and Law Dork, Justices Scalia and Breyer have plans later this week to have "A Conversation on the Relevance of Foreign Law for American Constitutional Adjudication" at American University.  (All the details on the event and a link for live viewing are here.)  I think the Justices' conversation would be enhanced by the release of Roper before the event.  (This is, of course, just silly speculation of the kind that used to get me in trouble with this (now defunct?) blog.)

That all said, applying Murphy's Law, I should probably predict we will get Booker and Fanfan tomorrow because a decision tomorrow could put a big wrinkle in the workshop I am scheduled to do later this week at the UNC School of Law.

January 11, 2005 at 05:14 PM | Permalink


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Even broken clocks ...

Posted by: Tom Lincoln | Jan 11, 2005 7:11:28 PM

As someone who is still waiting for the federal process to restart, I feel compelled to write my beliefs about this incredible system called "The Criminal Justice System". What kind of system do we have when the AUSA obtains the simplest counts or charges against you, has you sign a plea deal, giving away all of your rights, ie: Appeals, ect.. Then a probation officer, the DOJ, and the rest of the Suits slam you with everything but the kitchen sink for sentencing and restitution. The system as it has been is a joke, charge or indict on the simplest offense to prove, then fact-find whatever you can dream up to add on, to increase the total punishment. This system has been a US Attorney's dream. Thank the lord Ralph Blakely had the fortitude to fight the system, to make the prosecutors work for once. Or should I say going to have to work for once. My case has been on hold for 7 months now waiting for direction, that should come soon. Everything I have learned on how the system has worked, during this time, makes me want to puke. Dr. Berman I feel from your posts your own personal opinion on this matter does not differ much from my own. I thank you for all the fantastic resources, as now I know more about Blakely than my own defense attorney. Lastly I propose a name change for the DOJ to the DOI, or the Department Of Injustice. In ending, for all the prosecutors reading this, I wish you all a nice day, on the day Booker/Fanfan is finally decided.

Posted by: Kris | Jan 11, 2005 10:18:55 PM

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