Monday, August 02, 2004
Monday Morning News Stories and Blog Updates
Advocates on both sides appear convinced the Court will take up the issue, but they will be closely watching which cases the justices decide to review, and how quickly, as a sign of the legendary clout of the solicitor general's office in helping the Court set its agenda.
Hampton Roads Daily Press has a Blakely article in which Ken Lammers, a Midlothian defense lawyer, and owner of the Crim Law blog is quoted as saying that Blakely is a "tempest in a teapot."
The article reports that, "Virginia's state courts aren't affected because the state's sentencing guidelines are only recommendations, and judges can choose whether to comply." Several commentators have suggested converting the federal guidelines into recommendations, presumbly along the same lines as Virginia.
The Boston Globe has a very good article tracing the guidelines from Breyer to Blakely. There’s also a discussion of what Congress may be up to.
The Denver Post has an article entitled, “Protecting the right to a jury trial.” The article was written by Robert Hardaway, a professor of law at the University of Denver College of Law. The article focuses on Blakely’s impact on military courts
Marcia Oddi of the Indiana Law Blog has completed a very useful review of Blakely implications in the 7th Circuit and in Indiana state courts.