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19 Jun 2007, 8:50 am
But the disaffinity of Justices Kennedy and Breyer for the Sixth Amendment jury trial right suggests they won't join an opinion praising Blakely's view of jury trial rights. [read post]
23 May 2007, 3:43 pm
Doug Berman has this post at Sentencing Law and Policy on the Sixth Circuit's decision in Birka, which highlights issues still in question after Booker and Blakely. [read post]
4 Apr 2007, 10:36 am
Steven A. [read post]
21 Feb 2007, 4:18 am
I have never quite understood Justice Breyer's concept of active liberty, especially since the concept seems hard to square with Justice Breyer's antipathy toward the Apprendi-Blakely line of constitutional decisions. [read post]
6 Feb 2007, 12:13 pm
of consensus What SCOTUS should be doing Solving the SCOTUS docket mystery Additional SCOTUS docket dissection Time to take some more Blakely and Booker cases.... [read post]
22 Jan 2007, 11:25 pm
Joining her were Chief Justice Roberts and Justices Stevens, Scalia, Thomas and Souter. [read post]
22 Jan 2007, 7:04 am
Souter, John Paul Stevens and Clarence Thomas There were two dissenting opinions -- one by Justice Anthony M. [read post]
17 Jan 2007, 7:47 am
It seems clear that Justice Kennedy still wants the Apprendi-Blakely rule watered down and that Justice Stevens likes the Apprendi-Blakely rule livened up. [read post]
10 Jan 2007, 1:32 pm
New Jersey lawyer Steven Sanders, who has long been thoughtfully examining the issue of how to deal with Blakely errors, sent me this thoughtful comment about Justice Scalia's curious work yesterday in his dissent in United States v. [read post]
9 Jan 2007, 7:29 am
Justice John Paul Stevens wrote the opinion for an 8-1 Court. [read post]
9 Jan 2007, 7:03 am
Justice John Paul Stevens wrote the opinion for an 8-1 Court. [read post]
1 Dec 2006, 8:43 am
He fends off Justices Souter, Breyer, and Stevens on this issue in pages 4-9 of the transcript. [read post]
26 Nov 2006, 10:43 am
But perhaps a tag team of Justices Scalia, Stevens and Thomas might lead them on a trip (along with Justice Breyer?) [read post]
22 Nov 2006, 3:56 am
Steven L. [read post]
7 Nov 2006, 6:05 pm
Berman & Steven L. [read post]
12 Oct 2006, 7:50 am
California, the latest in the Apprendi-Blakely-Booker line of cases--what I found most interesting about the arguments was the degree to which they reminded us of the steepness of the learning curves in the early years of the Roberts Court. [read post]
6 Sep 2006, 11:43 am
His blog has been cited more than any other, 24 times in 19 opinions, including Stevens' dissent in Booker, according to Best's tally. [read post]
13 Aug 2006, 2:24 pm
[L][W] Blake, Patrick D. [read post]
28 Jun 2006, 8:22 am
Justice Kennedy concurred and Justices Stevens and Ginsburg dissented.Filed in: cases, SupremeCourt, Washington-v-Recuenco, Blakely-v-Washington, sentencing, , firearms-enhancement [read post]
12 Jun 2006, 6:12 am
But, stare decisis didn't stop the SCOTUS from reaching and deciding Apprendi , Ring, and Blakely. [read post]
