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An initial victory in Faulks

February 8, 2007

As detailed in this post, last month I helped a team of sharp young lawyers develop and file this cert petition in US v. Faulks.  (The case concerns the procedures for revoking supervised release and presents Blakely issues in an extraordinary factual setting).  As shown here, though the SG waived its right of response, the Supreme Court has now ordered the government to respond to the Faulks petition.

Folks with greater knowledge of SCOTUS practices tell me that this certainly does not mean that the petition will receive a grant, but it is a good sign suggesting the Justices saw something worth giving a closer look.  The SG’s brief in opposition (BIO) is now due on March 9, and I am very much looking forward to seeing what the BIO says.