Wednesday, July 14, 2004

Evening Update

For those of you who need your bedtime update:

The California Appellate Courts will soon take up the following questions:

In addition to the issue raised in the petition for review, the parties shall address the following issues:

(1) Does Blakely v. Washington (June 24, 2004) __ U.S. __ [2004 WL 1402697] preclude a trial court from making the required findings on aggravating factors for an upper term sentence?

(2) If so, what standard of review applies, and was the error in this case prejudicial?


An interesting article: Hatch exploring a 'fix' for sentencing turmoil
No worries, the article says that Senator Hatch is seeking a "temporary bipartisan fix."




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