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22 Sep 2010, 1:28 pm
This petition, decision, and rehearing This time, Marks was the one filing a petition for review with the Texas Supreme Court. [read post]
9 Sep 2010, 6:57 pm
I thought I’d separately blog the historical discussion (Parts II.A and II.B of the petition), though you can of course also read it in the PDF version. [read post]
21 Aug 2010, 12:00 am
Before O'Meara's resentencing, the Supreme Court of the United States decided in Blakely v. [read post]
6 Jul 2010, 11:51 am
” In Blakely, the Court cited Blackstone in asserting “that the ‘truth of every accusation’ against a defendant ‘should afterwards be confirmed by the unanimous suffrage of twelve of his equals and neighbours. [read post]
26 May 2010, 11:17 am
Having won in the District Court, the petitioner lost in the Circuit Court because, even though subsequent to the prisoner’s case having been heard in the state courts on the Blakely issue the OH courts applied Blakely to OH’s sentencing regime, at the time he presented his claim to the state court, Blakely had been ruled not applicable to OH’s sentencing regime. [read post]
9 Apr 2010, 10:55 am
This is another reason why we do not blog habeas cases.Finally, instead of simply granting the petitions and ordering new sentencings for four post-Blakely defendants, the court remanded the case to the district court to address whether the application of the unconstitutional sentencing statute was harmless error. [read post]
21 Mar 2010, 12:19 pm
Click Here NM panel to hear outstanding waters petition. [read post]
20 Feb 2010, 5:01 am
And thanks to the initiative of SCOTX Clerk Blake Hawthorne, the program was recorded and has been posted to the Court's webcast page. [read post]
20 Feb 2010, 5:01 am
And thanks to the initiative of SCOTX Clerk Blake Hawthorne, the program was recorded and has been posted to the Court's webcast page. [read post]
20 Dec 2009, 5:04 pm
Given its track record with Blakely and Booker, Justice’s latest cry that the sky is falling after CDT merits a healthy skepticism. [read post]
7 Oct 2009, 3:18 am
The 1st Circuit, though, decided that Blakely v. [read post]
22 Sep 2009, 12:05 am
WBNS TV 10 reports Circuit judge Daniel Dawson ordered that for now Rifqa will remain in Florida, but that she may have no contact with Pastor Blake Lorenz's family with whom she had been staying. [read post]
22 Aug 2009, 12:36 am
As Colonel Blake said to Hawkeye in an episode of M*A*S*H,There are two rules of war. [read post]
22 Aug 2009, 12:36 am
As Colonel Blake said to Hawkeye in an episode of M*A*S*H,There are two rules of war. [read post]
7 Aug 2009, 2:26 am
§ 2254(b)(3) when it conceded exhaustion before the District Court, defendant's petition for habeas relief is granted. [read post]
30 Jul 2009, 9:41 pm
Penaranda, asking the post-Blakely sentencing question that the Court would soon answer in Booker. [read post]
11 Jun 2009, 8:42 am
For this reason, the court concludes that the intervenors cannot lawfully petition together to adopt B.G.C., only one of the two intervenors may petition for adoption. [read post]
28 May 2009, 8:38 am
If he was, we wouldn't have Crawford, Blakely, Gant, etc. [read post]
20 May 2009, 8:20 am
The Supreme Court has refused to hear the case.Steinbecks Grandaughter Blake Smyle issued a press release saying "This is about family. [read post]
30 Apr 2009, 7:50 am
One day before the expiration of time to file for rehearing en banc, Blakely came down. [read post]
