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May 8, 2006

First set of briefs in Cunningham

As I mentioned in this recent post, it's time to start getting excited about the Supreme Court's consideration of Cunningham, the California Blakely case, which Professor Michael O'Hear is speculating could be "The Supreme Court's Next Sentencing Blockbuster."  (In anticipation of lots of coming Cunningham fun, I have created a new category archive, cleverly titled "Cunningham coverage," at this link.)

I just received copies of briefs filed today by the petitioner (Mr. Cunningham) and the NACDL in support of petitioner.  I have made both of these briefs available for download below.  Based on a quick scan, I bet I will have a lot more to say about these briefs in the days ahead.  In the meantime, perhaps readers can talk up matters in the comments.

Download cunningham_petitioner_brief.pdf

Download cunningham_amicus_brief_final.pdf

May 8, 2006 at 05:21 PM | Permalink


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With regards to Zacarias Moussaoui, who just today tried to withdraw his guilty plea 5 days after being sentenced to life by a jury, can he do that under the USCA? Or does he need some extrodinary writ or the like?

Posted by: DaveB | May 8, 2006 6:06:40 PM

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