Monday, July 19, 2004

Blakely News

The USA Today reports: Ruling may have impact on corporate sentences. Here's an interesting passage from the story (which contains a lot of commentary from practitioners):

The Blakely ruling — and Stewart's sentence — also might signal a retreat by judges from the tougher white-collar crime penalties called for by the public and politicians since the Enron scandal, legal experts say.

From Washington, the Columbian reports: Burglar's sentence beyond max. The article discusses the role of prior convictions in sentencing. Many have speculated that Almendarez-Torres is susceptible given the Blakely ruling and the fact that Justice Thomas has expressed grave doubts about the viability of Almendarez-Torres
The Houston Chronicle reports: Doubt weighs on federal sentences.
The Salt Lake Tribune reports: Sentencing rules face high scrutiny in wake of ruling. The article raises the question, can jurys decide sentencing factors as a practical matter? One commentator thinks not:

However, Michael Goldsmith, a Brigham Young University law professor, predicts "an unbelievable mess" if the Supreme Court decides juries must determine all sentencing factors. Courts will clog as trials become longer and defense attorneys request new sentencings for clients already serving time, he said.

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