If a Blakely case is argued in the woods…
and no one reports on it, does it make precedent?
Sorry for the silly metaphysical question, but I am a bit stunned that I cannot find a single press account or any other kind of coverage of the Supreme Court oral argument yesterday in Washington v. Recuenco (No. 05-83). Even the folks at SCOTUSblog did not even bother to provide a preview of the case (as seems to be their custom for all SCOTUS cases) the time to mention Recuenco.
Because the issues in Recuenco concerning the nature of Blakely errors are opaque and perhaps of limited significance, I did not expect the Recuenco oral argument to get a lot of attention. But now I am thinking Recuenco might set some sort of record for least-discussed Supreme Court case.
Recent related Recuenco coverage: