Thursday, July 08, 2004

Morning News

I was recently alerted to the presence of another site which is tracking Blakely updates. USS Guide has a site worth looking into, you can access the Blakely page here. Many thanks to Peter Schmidt of USS Guide for the email.

Case developments:

Patterson v. United States, 2004 U.S. Dist. LEXIS 12402

Footnote three addresses retroactivity issues, concluding that the defendant cannot avail himself of Blakely because Blakely is an extension of Apprendi, which the Court has already said is not retroactive.

People v. Lane, 2004 Cal. App. LEXIS 1079

Additional briefing on Blakely issues was requested by the California Court of Appeals. It’s unclear what the issue is.


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