Topic
Retroactivity
265 published works
Sentencing Law and Policy
Big retroactivity SCOTUS development?!?
Main March 21, 2007Big retroactivity SCOTUS development?!?Minutes after I finish this playful SCOTUS post, I discover this thoughtful post at SCOTUSblog entitled "Court to study scope of Teague retroactivity." The…
Sentencing Law and Policy
CanBocktingbe read to supportApprendiand/orBlakelyretroactivity?
Main February 28, 2007Can Bockting be read to support Apprendi and/or Blakely retroactivity?As suggested here, and by commentors, it is not easy for sentencing fans to reader Bockting's discussion of…
Sentencing Law and Policy
Crawfordnot retroactive
Main February 28, 2007Crawford not retroactiveSCOTUSblog is reporting here that the "Supreme Court ruled on Wednesday that its major ruling on the Confrontation Clause in Crawford v. Washington is not…
Sentencing Law and Policy
Latest news and thoughts on Genarlow Wilson
Main February 23, 2007Latest news and thoughts on Genarlow WilsonABC News has this long piece with background and the latest developments in the Genarlow Wilson saga. The piece has me…
Sentencing Law and Policy
Final(?) follow-up onBurton
Main January 10, 2007Final(?) follow-up on BurtonThanks to How Appealing, at this link you can read Brent Kendall's thoughtful report in the Daily Journal of California on the Supreme Court's…
Sentencing Law and Policy
What wrong with equitableBookerretroactivity in the Ninth Circuit?
Main December 14, 2006What wrong with equitable Booker retroactivity in the Ninth Circuit?Last year, after a Ninth Circuit panel in US v. Crawford, No. 03-30263 (9th Cir. Aug. 24, 2005)…
Sentencing Law and Policy
Going retro…
Main November 7, 2006Going retro...As noted here, today the Supreme Court this morning will hear arguments in Burton v. Waddington, the case addressing Blakely retroactivity. Kent Scheidegger here at Crime…
Sentencing Law and Policy
BigBlakelyretroactivity doings from Alaska
Main October 27, 2006Big Blakely retroactivity doings from AlaskaContinuing its amazing work as the Blakely frontier, today in Smart v. State, No. A-9025 (Alaska Ct. App. Oct. 27, 2006) (available…
Sentencing Law and Policy
Blakelyissues still not getting any respect
Main September 28, 2006Blakely issues still not getting any respectI often cannot help but complain that Blakely issues (and other criminal justice issues) do no get the attention and respect…
Sentencing Law and Policy
Colorado Supreme Court saysBlakelynot retroactive
Main September 11, 2006Colorado Supreme Court says Blakely not retroactiveAs noted here, the one major lower court ruling that Blakely was to apply retroactively to Apprendi came from the Colorado…