Tuesday, July 27, 2004

Petition for Rehearing in Blakely v. Washington

The state of Washington has just filed its petition for a rehearing, it's available here.

Here's a very quick summary:

The petition argues that the Court's ruling was a premised on a "new, precept-altering" interpretation of Apprendi, which merits a rehearing. The petition also seizes on what it describes as "unprecedented turmoil and confusion" in the lower courts as a justification for a rehearing. Finally, the brief suggests that this case is needed to address important issues faced by the states, which the brief implies will not be answered by either Booker or Fanfan

 FYI - The petition cites a number of recent articles and papers discussing Blakely and its aftermath which have been circulated on the web.



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