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Retroactivity

265 published works

  1. Sentencing Law and Policy

    Florida Supreme Court declaresApprendiis not to apply retroactively

    By Douglas Berman

    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…

  2. Sentencing Law and Policy

    Retroactivity contrasts and contentions

    By Douglas Berman

    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)…

  3. Sentencing Law and Policy

    Colorado court saysBlakelyretroactive toApprendi

    By Douglas Berman

    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…

  4. Sentencing Law and Policy

    A potent argument forApprendi’s retroactivity

    By Douglas Berman

    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…

  5. Sentencing Law and Policy

    Tenth Circuit addressesBlakelyretroactivity

    By Douglas Berman

    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…

  6. Sentencing Law and Policy

    11th Circuit speaks on retroactivity

    By Douglas Berman

    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…

  7. Sentencing Law and Policy

    Provocative ideas from the defense

    By Douglas Berman

    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…

  8. Sentencing Law and Policy

    Judge Panner works throughBooker’s retroactivity

    By Douglas Berman

    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…

  9. Sentencing Law and Policy

    Quick retroactivity thoughts

    By Douglas Berman

    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,…

  10. Sentencing Law and Policy

    Predicting the Supreme Court’s coming sentencing docket

    By Douglas Berman

    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…