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Retroactivity

265 published works

  1. Sentencing Law and Policy

    In re stateBlakelyinterpretations

    By Douglas Berman

    Main December 9, 2004In re state Blakely interpretationsAs suggested in this recent post, I have largely given up trying to comprehensively track Blakely decisions coming from lower state courts. (Actually,…

  2. Sentencing Law and Policy

    Reflections on retroactivity and constitutional responsibilities

    By Douglas Berman

    Main December 4, 2004Reflections on retroactivity and constitutional responsibilitiesThough courts and litigants are now working through what Blakely means for current cases, and legislatures and sentencing commissions are having to…

  3. Sentencing Law and Policy

    The 11th Circuit (sort of) speaks on retroactivity

    By Douglas Berman

    Main December 3, 2004The 11th Circuit (sort of) speaks on retroactivityWith many thanks to Howard Bashman at How Appealing for the tip here, the Eleventh Circuit issued today a brief…

  4. Sentencing Law and Policy

    Lots ofBlakelydoings in Minnesota

    By Douglas Berman

    Main November 24, 2004Lots of Blakely doings in Minnesota Blakely decisions seem to come from Minnesota in groups, and yesterday three Blakely rulings of note were handed down by the…

  5. Sentencing Law and Policy

    More onBlakely-ized indictments and retroactivity

    By Douglas Berman

    Main October 29, 2004More on Blakely-ized indictments and retroactivityYesterday's Blakely reports from the federal district courts included noteworthy developments and rulings on Blakely-ized indictments here and Blakely's (non-)retroactivity here. In…

  6. Sentencing Law and Policy

    Careful retroactivity analysis from WD of Virginia

    By Douglas Berman

    Main October 28, 2004Careful retroactivity analysis from WD of VirginiaToday in Lilly v. US, 1:04CV00079 (W.D. Va. Oct. 28, 2004), Chief United States District Judge James P. Jones issued a…

  7. Sentencing Law and Policy

    State of stateBlakelyappeals

    By Douglas Berman

    Main October 6, 2004State of state Blakely appealsA very knowledgeable reader reports that the interesting Van Buren decision from Washington state (discussed here) "is likely to have a very short…

  8. Sentencing Law and Policy

    What wasnotdiscussed at oral argument

    By Douglas Berman

    Main October 5, 2004What was not discussed at oral argumentPosts here and here and here provide a sea of coverage of what was said at yesterday's oral argument in Booker…

  9. Sentencing Law and Policy

    Pragmatism andBlakely’s retroactivity

    By Douglas Berman

    Main September 8, 2004Pragmatism and Blakely's retroactivityAn important sub-plot of the Booker and Fanfan cases is whether and how the Supreme Court's clarification of the meaning and reach of Blakely…

  10. Sentencing Law and Policy

    While you were barbequing…

    By Douglas Berman

    Main September 7, 2004While you were barbequing... I did get some R&R over the weekend, but I could not help spending parts of the Labor Day laboring over the briefs…