Tuesday, August 31, 2004

Back in Black (The red, actually)

I’ve returned from my Las Vegas vacation, ready to continue the task of Blakely blogging.
I am currently in New York, taking an intensive, one-week professional responsibility course. Although the course keeps me busy during much of the day, my Vegas trip has freed me from other distractions, notably those involving money. A word to the wise: before you play craps, learn the rules.

I see I've missed a lot, particularly the 6th Circuit's ruling that the guidelines are constitutional. Hopefully, in due course, I'll get to the previous week's happenings. For now, I'm going to focus on today's news.

California Courts

The California courts continue deny without prejudice, any relief to which the defendant might be entitled until the California Supreme Court decides People v. Black, S126182, and People v. Towne, S125677. See People v. Bailey, 2004 Cal. LEXIS 8178 (Aug. 25, 2004); People v. Cole, 2004 Cal. LEXIS 8051 (Aug 25, 2004); People v. Gordon, 2004 Cal. LEXIS 8058 (Aug. 25, 2004); People v. Jaime, 2004 Cal. LEXIS 8035 (Aug. 25, 2004); People v. Han, 2004 Cal. LEXIS 8177 (Aug. 25, 2004); People v. Roettgen, 2004 Cal. LEXIS 8055 (Aug. 25, 2004); People v. Smith, 2004 Cal. LEXIS 8161 (Aug. 25, 2004).

News

The Cato Institute has released audio and video of their recent Blakely conference. Access the multimedia stream here.

Although this is surely old news by now (and not very surprising news), the Sentencing Commission has announced that it will file a brief in Booker and Fanfan. James Robinson, a partner in the D.C. office of New York's Cadwalader, Wickersham & Taft, has agreed to write the Commission's brief. The former Dean of the Wayne State Law School has until tomorrow to finalize his brief.

Fellow blogger, Doug Berman has this to say in the article:

The prospect that the commission is echoing the government's view on the applicability of Blakely and sidestepping the severability issue is a disappointment, said Douglas Berman, an Ohio State University law professor who is tracking post-Blakely developments on his weblog, Sentencing Law and Policy. Berman asserted that while the Justice Department can be expected to take pro-prosecution stands, the commission ought to have a different and broader perspective that takes the interests of defendants into account. "The commission should be a leader in the post-Blakely world, not a follower," said Berman.

I agree with that. In fact, I wrote an Essay that makes a related point.

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