Thursday, July 22, 2004

Catching Up

Due to pressing Blakely-related work assignments and a Poker game last night (yes, I was “up” at the end of the night), I am far behind on all the juicy Blakely developments. I apologize. I promise I will not leave my computer again. Ever. 

Sentencing Law and Policy

Prof. Berman has a series of great posts analyzing yesterday’s developments with the SG’s filing. In reverse chronological order:
 
Wednesday's work by the Legislative Branch 
 
Wednesday's work by the Executive Branch 

Wednesday's work by the Judicial Branch 
 
Questions as we branch out 
 
Congress clears its throat!! 
 
SCOTUS Blog Musings

Marty Lederman asks and notes:

What About Those Second Circuit Certified Questions in Penaranda?

Why Fanfan? 
 
A Funny Way for the Congress to Speak to the Court 
  
 
News Stories
 
NYT - Court Asked to Decide Cases to Clarify Sentencing Ruling
 
Law.com - 9th Circuit Bars Sentence Enhancements 

Law.com has a story about Judge Rakoff's decision  in United States v. Marrero -  N.Y. Judge Rules 'Blakely' Renders Federal Guidelines Unconstitutional 
 

Blakely Developments in Minnesota
 
From the Minnesota Court of Appeals, we get State v. Whitley, 2004 Minn. App. LEXIS 832(No. 02014055):

Viewed in the light most favorable to the verdict, we conclude that the evidence was sufficient to prove appellant guilty beyond a reasonable doubt of fourth-degree criminal sexual conduct; we therefore affirm appellant's conviction. But because the district court failed to inform appellant of his right to have a jury determine whether he committed a predatory offense and because appellant's jury trial waiver did not explicitly include a waiver for purposes of sentencing enhancement, we reverse the imposition of a 40-year sentence as unconstitutional under Apprendi v New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), and remand for sentencing not inconsistent with the United States Supreme Court's recent decision in Blakely v. Washington, ___ S. Ct. ___, 2004 WL 1402697 (June 24, 2004). 




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