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Retroactivity

265 published works

  1. Sentencing Law and Policy

    Ohio defenders seek reconsideration ofFoster’s retroactive application

    By Douglas Berman

    Main March 8, 2006Ohio defenders seek reconsideration of Foster's retroactive applicationToday brings an interesting development in the saga of Blakely's application to Ohio's sentencing law. Recall that last week, the…

  2. Sentencing Law and Policy

    More academic arguments forBlakelyretroactivity

    By Douglas Berman

    Main December 3, 2005More academic arguments for Blakely retroactivityThough the Supreme Court seems to be in no rush to address Blakely or Booker retroactivity (details here) student scholars continue to…

  3. The UCL Practitioner

    Petition for review filed inSchwartz v. Visa

    By Kimberely Kralowec

    On November 7, 2005, a petition for review was filed in Schwartz v. Visa International Service Assn., 132 Cal.App.4th 1452 (2005). As I mentioned in a couple of earlier posts,…

  4. CAFA Law Blog

    New York Federal Court confirms that CAFA does not have retroactive application.

    By McGlinchey Stafford

    Carlson v. Long Island Jewish Medical Center, No. CV 04-3086, 2005 WL 1631142 (E.D. N.Y. July 11, 2005). In a decision issued on July 11, 2005, New York Federal District…

  5. Sentencing Law and Policy

    Seeking retroactiveBlakely”Justice for All”

    By Douglas Berman

    Main October 22, 2005Seeking retroactive Blakely "Justice for All"There are so many interesting stories and angles to examine when considering pre-Blakely sentences that were indisputably imposed in violation of Blakely's…

  6. Sentencing Law and Policy

    Ninth Circuit officially holdsBookernot retroactive

    By Douglas Berman

    Main September 16, 2005Ninth Circuit officially holds Booker not retroactiveBack in July, though its ruling in Schardt v. Payne, No. 02-36164 (9th Cir. July 8, 2005) (discussed here), the Ninth…

  7. Sentencing Law and Policy

    Is the Ninth Circuit adopting a policy of equitableBookerretroactivity?

    By Douglas Berman

    Main August 24, 2005Is the Ninth Circuit adopting a policy of equitable Booker retroactivity?As regular readers know, the federal circuits have consistently held that neither Blakely or Booker are to…

  8. Sentencing Law and Policy

    Interesting dissenting discussion ofBlakelyretroactivity

    By Douglas Berman

    Main August 16, 2005Interesting dissenting discussion of Blakely retroactivityA consistently helpful reader has pointed me to interesting comments concerning Blakely's retroactivity in a recent dissent from the Ninth Circuit's refusal…

  9. Sentencing Law and Policy

    Ninth Circuit saysBlakelynot retroactive

    By Douglas Berman

    Main July 8, 2005Ninth Circuit says Blakely not retroactiveThe Ninth Circuit, which has a reputation of being the most defendant-friendly federal circuit, today ruled in Schardt v. Payne, No. 02-36164…

  10. Sentencing Law and Policy

    Washington Supreme Court declaresBlakelynot retroactive

    By Douglas Berman

    Main June 17, 2005Washington Supreme Court declares Blakely not retroactiveAs detailed in this article, on Thursday the Washington Supreme Court concluded in State v. Evans, No. 74851-9 (Wash. June 16,…