Leaderboard Report

Though Judge Cassell is still the leader in the clubhouse with 3 major Blakely decisions to his name, the Seventh Circuit is helping to set the pace for circuit courts with another Friday afternoon entry. In Simpson v. US, the defendant asked “for permission to file a second or successive collateral attack under 28 U.S.C. § 2255” following Blakely. The Seventh Circuit dismissed Simpson’s application, but did so “without prejudice to renewing his request should the Supreme Court make the rule announced in Blakely applicable to cases on collateral review.”

Interestingly, the Seventh Circuit, in a unanimous opinon written by Judge Rovner joined by Judges Ripple and Williams, flatly concluded that the “rule announced in Blakely is based in the Constitution and was not dictated or compelled by Apprendi or its progeny.” Then, after explaining how the Blakely rule would impact Simpson’s sentence, the court explained:

Assuming that the Supreme Court announced a new constitutional rule in Blakely and that Simpson’s sentence violates that rule, the proposed claim is premature. The Supreme Court has not made the Blakely rule applicable to cases on collateral review as is required for authorization under § 2244(b)(2)(A) and § 2255 ¶8(2)…. Should the Supreme Court announce that Blakely applies retroactively to cases on collateral review, Simpson can file a renewed application.

And, speaking of leaderboards, through two rounds of the British Open, Skip Kendall is the surprising leader at -7, while my pick Ernie Els is tied for fifth at -4 (along with Vijay Singh and others). Phil Mickelson posted an impressive 66 today to get in at -3, while Tiger Woods is hanging around at -1. Should be a great weekend of golf.