Topic
Retroactivity
265 published works
Sentencing Law and Policy
Florida Supreme Court declaresApprendiis not to apply retroactively
Main May 2, 2005Florida Supreme Court declares Apprendi is not to apply retroactivelyI have been so preoccupied of late with federal sentencing stories, I have not reported on some interesting…
Sentencing Law and Policy
Retroactivity contrasts and contentions
Main April 9, 2005Retroactivity contrasts and contentionsAs noted by Appellate Law & Practice here, the Second Circuit yesterday in Guzman v. United States, No. 03-2446 (2d Cir. Apr. 8, 2005)…
Sentencing Law and Policy
Colorado court saysBlakelyretroactive toApprendi
Main April 8, 2005Colorado court says Blakely retroactive to ApprendiProviding perhaps the biggest development in a big week, I just got news that yesterday the Colorado Court of Appeals in…
Sentencing Law and Policy
A potent argument forApprendi’s retroactivity
Main March 24, 2005A potent argument for Apprendi's retroactivityBecause they all reach the same conclusion in the same basic way, I have not often noted the many district court rulings…
Sentencing Law and Policy
Tenth Circuit addressesBlakelyretroactivity
Main March 9, 2005Tenth Circuit addresses Blakely retroactivityStanding out among other circuit dispositions this week is the Tenth Circuit's discussion of Blakely's retroactivity in US v. Price, 2005 WL 535361…
Sentencing Law and Policy
11th Circuit speaks on retroactivity
Main February 17, 200511th Circuit speaks on retroactivityI have been off-line playing the DC tourist most of the day and now I am off to participate in a panel discussion…
Sentencing Law and Policy
Provocative ideas from the defense
Main January 28, 2005Provocative ideas from the defenseIn a prior post discussing Burdens of proof and a new due process of sentencing, I highlighted, and tried to build upon, the…
Sentencing Law and Policy
Judge Panner works throughBooker’s retroactivity
Main January 24, 2005Judge Panner works through Booker's retroactivityIn an opinion available for download below, US v. Siegelbaum, CR No. 02-179-01-PA (D. Or. Jan. 24, 2005), Senior US District Judge…
Sentencing Law and Policy
Quick retroactivity thoughts
Main January 13, 2005Quick retroactivity thoughtsMany are asking, for understandable reasons, about the prospect of Booker's retroactive application. The simple answer is that Booker does not speak to the question,…
Sentencing Law and Policy
Predicting the Supreme Court’s coming sentencing docket
Main December 20, 2004Predicting the Supreme Court's coming sentencing docketIt is, of course, premature to speculate about the Supreme Court's next Blakely case before it decides Booker and Fanfan. But…