Another view of waiting from the states
Anne Skove of the National Center for State Courts was kind enough this morning to send along the latest Jur-E Bulletin from NCSC. (You can get free subscription information and access to back issues of this helpful resource here.) Supplementing some of the state sentencing issues I developed here, this latest bulletin has an interesting discussion (with helpful links) concerning the state of Blakely in the states:
After the flurry of Blakely activity last July and October’s First Monday fun with Booker and Fanfan, there has been little Blakely action. Now, a decision is imminent, but not as imminent as some had hoped. We will not hear anything until December 7 at the earliest, and do not plan to hold our breath.
Even when we do hear, there will still (yes, STILL!) be unanswered jury sentencing questions, or perhaps new answers to seemingly settled questions, such as:
- Retroactivity–whether and how much?
- Probation and parole issues
- Can consecutive sentences stand?
- How will truth-in-sentencing fare?
- Whither mandatory minimums?
- How broad is the right of notice?
- What’s up with the USSC?
- and the most burning question: how might Hollywood resolve Blakely?
As always, Blakely fans can check Professor Berman’s Blakely Blog (say that 5x fast). Don’t forget Kevin Reitz’s ALI work (or NCSC‘s memo, for that matter).