Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
1st Circuit addressesBlakely’s applicability to revocation of supervised release
Main June 4, 20051st Circuit addresses Blakely's applicability to revocation of supervised releaseThis past Friday was a day for interesting (and arguably ground-breaking) Apprendi/Blakely decisions. In addition to the notable…
Sentencing Law and Policy
The Tennessee waltz regains its footing by grasping a pikestaff
Main April 20, 2005The Tennessee waltz regains its footing by grasping a pikestaffAs detailed here, last Friday the Tennessee Supreme Court in Gomez found Blakely inapplicable to Tennessee's sentencing scheme.…
Sentencing Law and Policy
4th Circuit opines onShepardand the prior conviction exception
Main April 16, 20054th Circuit opines on Shepard and the prior conviction exceptionOn Friday in US v. Washington, No. 03-4867 (4th Cir. Apr. 15, 2005) (available here),the Fourth Circuit had…
Sentencing Law and Policy
Almendarez-TorresEpisode Two? (aka The Revenge ofShepard)
Main April 5, 2005Almendarez-Torres Episode Two? (aka The Revenge of Shepard)As stressed in a series of posts last month, the Supreme Court's opaque work in Shepard (basics summarized here, commentary…
Sentencing Law and Policy
Notable 10th Circuit ruling on prior convictions
Main April 5, 2005Notable 10th Circuit ruling on prior convictionsJust available on-line today is an interesting decision from the 10th Circuit in US v. Garcia-Rodriguez, No. 04-8047 (10th Cir. Apr.…
Sentencing Law and Policy
Brief (and compelling) weekend reading about mandatories
Main November 20, 2004Brief (and compelling) weekend reading about mandatoriesIn this post, I criticized Utah US District Judge Paul Cassell's decision in the Angelos mandatory minimum case for its summary…
Sentencing Law and Policy
BookerandFanfanpre-reading guide
Main November 9, 2004Booker and Fanfan pre-reading guideIf Booker and Fanfan are decided today — and that is still a big "if" — there will be so many ways to…
Sentencing Law and Policy
ConceptualizingBlakely
Main October 13, 2004Conceptualizing BlakelyAs noted before here, I have been starting to conceptualize Blakely in terms of an offense/offender distinction, and thus I was pleased to see that a…
Sentencing Law and Policy
Late-night wrap up
Main October 10, 2004Late-night wrap upDay two of the Stanford Roundtable conference provided still more wonderful insights, with great panels covering Blakely in the states, the impact on plea bargaining…
Sentencing Law and Policy
Being Antonin Scalia
Main October 6, 2004Being Antonin ScaliaThough surely it would not make for as entertaining a movie as Being John Malkovich, these days it is hard to resist the urge to…