Thursday, August 19, 2004

Morning News

Not much out there today.


Minnesota continues to remand cases for consideration in light of Blakely: State v. Carlson, 2004 Minn. App. LEXIS 956 (Minn. Ct. App., Aug. 17, 2004); State v. Henderson, 2004 Minn. App. LEXIS 953 (A03-867 )(Minn. Ct. App., Aug. 17, 2004); State v. Rivera, 2004 Minn. App. LEXIS 962 (A03-1596 )(Minn. Ct. App., Aug. 17, 2004).


A few days ago, The Oregonian published an article entitled, "Confusion reigns in federal, state courts." Here's an interesting snippet from the article:

In state court, Salem defense lawyer Jesse Barton, who has written manuals about the state sentencing system, said the implications for Oregon are "absolutely enormous."

An Open Letter to the NACDL

A reader of this blog has shared with me some of his thoughts on Blakely which he’s put to paper in the form of an open letter to the National Association of Criminal Defense Lawyers.

The letter is from Larry Fassler, who has written two books: Busted by the Feds, and Ineffective Assistance of Counsel, both published by Southwest Legal Services in Tucson. He has seventeen years experience working with inmates sentenced under the Guidelines, helping them perfect appeals and 2255 motions.

Larry hopes that his letter will offer some guidance to all those involved in shaping a post-Blakely sentencing system. He fears that the current Blakely environment is fraught with “group think,” which, in Larry’s view, obfuscates the real goals for reform: “fairness, honesty, and truth in all stages of prosecution of criminal defendants in this country.”

You can read Larry’s letter here.

Update: I've fixed the link to Larry's letter. You can actually read it now.

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