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January 15, 2005

Remembering the Blakely state stories

Not surprisingly, the decision in Booker has started a dramatic and uncertain new federal chapter in the Blakely story.  But, as I suggested in this post, I still think  the federal sentencing story after Booker is a relatively minor (headline-grabbing) solar system within a vast Blakely universe.   We should never forget that states handle over 90% of the criminal cases nationwide, and both Blakely and now Booker provide many more questions than answers for state actors and institutions.

Notably, I there are on-line 15 state Blakely rulings in just the last three days (though I've not had a chance to read any), and I keep wondering if any state courts or litigants find in Booker anything that may significantly alter the state Blakely analysis. So, while those in the federal system are reporting federal Booker stories here, perhaps state actors might use the comments of this post to report or reflect on what Booker could mean for them.

Wonderfully, my amazing research assistant today finished an updated Word version of all my blog posts on Blakely in the states.  That (141-page) document, which is organized by states and shows 29 different states with some Blakely developments, can be downloaded below.  In addition to establishing that I have apparently already written a small book on Blakely in the states, the document available below reinforces how dynamic and uncertain the Blakely world remains even without giving a moment's thought to Booker.

Download slp_blakely_in_the_states_through_112_word.doc

January 15, 2005 at 01:12 AM | Permalink


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