Search for: "Petition of Blake"
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29 Apr 2009, 11:18 am
Here is how the majority opinion in the new Nichols ruling concludes: Nichols has not shown that his counsel was constitutionally ineffective for failing to anticipate or foresee a change in the law and raise an Apprendi-based challenge at sentencing or on direct appeal, for failing to move the appellate court for reconsideration on a Blakely-based claim in post-appellate proceedings, or for failing to petition the Supreme Court for certiorari based on Booker. [read post]
20 Apr 2009, 5:00 am
" The seminal New York case upholding the use of DLOM and rejecting DLOC under the fair value standard is Matter of Blake decided in 1985 by the Appellate Division, Second Department (107 AD2d 139, 486 NYS2d 341). [read post]
4 Mar 2009, 7:18 pm
Soon thereafter, PCA closed its doors and effectively went out of business by filing a Chapter 7 liquidation petition in U.S. [read post]
4 Mar 2009, 7:18 pm
Soon thereafter, PCA closed its doors and effectively went out of business by filing a Chapter 7 liquidation petition in U.S. [read post]
22 Feb 2009, 6:21 am
Obviously, this makes the insurance company's Petition for Declaratory Judgment even more important from the victims' standpoint. [read post]
10 Jan 2009, 9:32 am
(The specific issue was Booker retroactivity back to Blakely, as opposed to Apprendi.) [read post]
27 Nov 2008, 7:13 am
Here is a petition to watch, with links to the opinion below, petition for cert and reply concerning the recent Cunningham decision in the Court. [read post]
27 Nov 2008, 7:13 am
Here is a petition to watch, with links to the opinion below, petition for cert and reply concerning the recent Cunningham decision in the Court. [read post]
26 Nov 2008, 7:17 pm
Cunningham (2007), which struck down part of the state’s sentencing scheme, was dictated by the Court’s ruling in Blakely v. [read post]
24 Oct 2008, 11:17 pm
State of Indiana , a 20-page opinion, Judge Riley concludes:Based on the foregoing, we conclude that Williams was sentenced in violation of Blakely, so we remand this cause to the trial court to allow the State the opportunity to properly establish the position of trust aggravator. [read post]
13 Oct 2008, 6:43 pm
New Jersey, 530 U.S. 466 (2000), and Blakely v. [read post]
5 Oct 2008, 9:13 pm
Ice, which deals with Blakely's applicability to consecutive sentencing determinations; (2) Van de Kamp v. [read post]
2 Sep 2008, 6:50 pm
To be sure, some of the Court's originalist and jury-centered jurisprudence in the wake of Apprendi, Blakely, etc. gives Fisher et al. hope that the Court will revisit Apodaca. [read post]
2 Sep 2008, 1:12 pm
We filed a couple of cert petitions last week.The first was Denny v. [read post]
21 Aug 2008, 10:49 am
Reisman and Blake Rummel of Weinstock, Manion, Reisman, Shore & Neumann. [read post]
19 Aug 2008, 5:07 pm
Any petitions granted or cases decided should be reflected on Friday’s order list. [read post]
14 Aug 2008, 5:03 am
The War Resisters Support Campaign’s petition can be found here. [read post]
31 Jul 2008, 4:39 am
Furthermore, the Judge rejected defense counsel's suggestion to impose an alternative sentence, as Blakely was then under review by the Supreme Court. [read post]
22 Jul 2008, 6:08 pm
Because Miller's sentence, as clarified by the trial court, violates the United States Supreme Court's opinion in Blakely v. [read post]
9 Jul 2008, 2:58 pm
(Such a resolution would be akin to the concurrent resolution passed in July 2004 in the wake of the Blakely decision urging the Justices to swiftly consider Blakely's impact on the federal sentencing system). [read post]
