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April 16, 2005
Sentencing world in warp speed
In last week's wrap-up post here, I noted that April started off just as crazed as March — which brought us major sentencing developments from state and federal courts and legislatures (summarized in posts linked here and here and here and here and here). And after this week, which included House and US Sentencing Commission hearings and a stunning array of court rulings, I have concluded that the sentencing world is stuck in warp speed. Below I have links to just some of the action whizzing by:
STATE BLAKELY DEVELOPMENTS AND COMMENTARY
- Big Blakely doings from where it all started
- Updating the state of Blakely in the states
- Tennessee dodges Blakely, so says divided state supreme court
- Puzzled by Tennessee's Blakely waltz
DISTRICT COURT DEVELOPMENTS AND COMMENTARY
- Judge Gertner speaks on acquitted conduct
- Up-to-date post-Booker data from the USSC
- Big development on federal boot camp
HOUSE AND USSC HEARINGS AND COMMENTARY
- Details concerning the brewing Booker fix
- Questions about the brewing Booker fix
- House hearing wrap-up
- More potent criticisms of H.R. 1528
- The rhetoric and reality surrounding the brewing Booker fix
- Beyond Blakely and Booker: Pondering Process (in draft)
- Fascinating report from this week's USSC hearing
BOOKER "PLAIN-ERROR" DEVELOPMENTS AND COMMENTARY
- More notable circuit rulings (from the blogsphere)
- More plain error action from the 10th Circuit
- A call for SCOTUS action on Booker plain error
OTHER BOOKER CIRCUIT DEVELOPMENTS AND COMMENTARY
- 4th Circuit opines on Shepard and the prior conviction exception
- Intriguing (and questionable) 3d Circuit Booker dicta
- So much Booker circuit activity, eager for head-counts
- Big sentencing day at the 8th Circuit
April 16, 2005 at 02:39 AM | Permalink
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Comments
Hi. I'm an attorney. I've been looking for any cases that have applied Blakely or Booker retroactively. Even though the 2d Circuit, where I practice, has held that they are not retroactive, I am applying for a COA, so (I argue) it is enough if I can show that other "reasonable jurists" hold they are retroactive. I've only found one state, Colorado, which holds that Blakely is retroactive to Apprendi. (Colorado v. Johnson, 2005 Colo. App. LEXIS 511). Do you know of any other cases? Thanks, Marsha
Posted by: Marsha Taubenhaus | Apr 18, 2005 4:55:15 PM