Recapping a busy first half of the last month of 2005
This marks my 2500th post since I started this blog a little over 18 months ago, and if I had the time I might assemble a comprehensive greatest hits list. (My first quaint post on Blakely — Blakely….. WOW!! — would surely make the list.) But, this busy time of year, I barely have time to assemble just some of the highlights from the first few weeks of an exciting December in the world of sentencing:
STATE BLAKELY DEVELOPMENTS AND COMMENTARY
- Minnesota Supreme Court limits reach of “prior conviction” exception
- Indiana Supreme Court gives broad interpretation to prior conviction exception
- Great Alaska opinion on Blakely and consecutive sentencing
- More academic arguments for Blakely retroactivity
- Notable new paper on voluntary guidelines
- Latest FSR issue on Blakely in the States
BOOKER CIRCUIT DEVELOPMENTS AND COMMENTARY
- Further reports on 1st Circuit crack/cocaine argument
- Second Circuit upholds sentencing based on acquitted conduct
- Interesting Second Circuit ruling on use of unadjudicated juvenile conduct
- Fifth Circuit officially rejects retroactive application of Booker
- A reasonableness two for Tuesday from the 7th Circuit
- Eighth Circuit speaks to post-Booker reliance on hearsay at sentencing
- Big sentencing doings in the Ninth Circuit
- Tenth Circuit addresses Booker and fast-track issues
- Eleventh Circuit opines at length about post-Booker sentencing and review
- Two Booker pipeline cases of note from the DC Circuit
OTHER BOOKER DEVELOPMENTS AND COMMENTARY
- Interesting discussion of fast-track disparities
- Booker discussion topic: are departures obsolete?
- Interesting Olis developments
- A white-collar sentencing in scarlet and gray
- Interesting sentencing developments in HealthSouth case
- A more formal request for more post-Booker data
- Oh data, data, data, I now have lots of clay…
DEATH PENALTY DEVELOPMENTS AND COMMENTARY
- December dramas for the death penalty
- Capital reading to mark a “grand” milestone
- Debating religion and the death penalty
- Pondering Tookie’s fate, Schwarzenegger’s dilemma and punishment theory
- Schwarzenegger denies Tookie Williams clemency
- The death penalty debate continues on…
- New Jersey death penalty moratorium in the works
- White paper critical of Alito’s death penalty work
OTHER SENTENCING DEVELOPMENTS AND COMMENTARY