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April 26, 2005

The saga of Blakely in Tennessee continues

As detailed here, the Tennessee Supreme Court earlier this month in its Gomez decision found Blakely inapplicable to Tennessee's sentencing scheme.  But, as detailed here, that ruling seemed to rest on a complete misunderstanding of Apprendi and Blakely.  Indeed, as discussed in this post last week, within a matter of days, the State filed a petition urging the Tennessee Supreme Court to rehear the case and asserted that the Gomez decision "overlooked or misapprehended a material proposition of law."

On Monday I received a copy of the amicus petition to rehear filed in Gomez by the Tennessee Association of Criminal Defense Lawyers.  Available for download below, this brief is an interesting read because, in addition to addressing the Blakely problem, the brief deals with procedural issues which were also discussed but did not seem essential to the decision in Gomez.

Download petitiontorehearofamicuscuriae_4.25.05.pdf

April 26, 2005 at 01:48 AM | Permalink


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