Search for: "Petition of Blake"
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19 Apr 2007, 11:59 am
State of Indiana (NFP) Brian Blake v. [read post]
15 Mar 2007, 9:24 am
The Court of Appeals applied Blakely. [read post]
15 Mar 2007, 2:13 am
Murillo, 422 F.3d 1152 (9th Cir. 2005) where, under a Washington statute, the 9th concluded that a stat max is the one set by statute and not by guidelines in a 922(g) case, even under Blakely. [read post]
5 Mar 2007, 2:54 pm
" Still, anytime we get within the ambit of Apprendi-Blakely rules, perhaps it is wise to expect the unexpected. [read post]
16 Feb 2007, 2:14 am
The court found it could, but under Blakely, held that the government had not proved it to a jury. [read post]
8 Feb 2007, 3:11 pm
(The case concerns the procedures for revoking supervised release and presents Blakely issues in an extraordinary factual setting). [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]
3 Feb 2007, 1:06 pm
Some (of many) recent related posts: My effort to help with the SCOTUS docket problem (with cert. petition link) CJ Roberts and sentencing law: the virtues (and vices?) [read post]
24 Jan 2007, 10:18 pm
The latter point is especially unpersuasive: in the Sixth Amendment arena, not a single Circuit anticipated Apprendi or Blakely. [read post]
22 Jan 2007, 9:50 am
Plus, prepare for an avalanche of post-Cunningham sentence appeals (and habeas petitions) in California. [read post]
18 Jan 2007, 8:55 am
New Jersey, 530 U.S. 466 (2000), and Blakely v. [read post]
10 Jan 2007, 1:32 pm
In Neder, the majority said that withholding an essential element from a petit jury is not structural and is amenable to harmless-error review. [read post]
9 Jan 2007, 9:28 am
New Jersey but before Blakely v. [read post]
9 Jan 2007, 9:15 am
Here is a question for SCOTUS gurus: shouldn't the Supreme Court in Burton have just dismissed the petition as improvidently granted (a DIG), rather than turn the case into a ruling on federal AEDPA law? [read post]
19 Nov 2006, 8:49 am
The Marion County judge denied his petition. [read post]
15 Nov 2006, 6:51 am
[No petition for review filed].Blake Cooper, a Reno County public defender, won in State v. [read post]
7 Nov 2006, 9:19 am
For the State, Collins was able, after dealing with the jurisdictional challenge to Burton's petition, to make his argument against Blakely retroactivity. [read post]
13 Oct 2006, 12:46 pm
Post-Conviction Rule 2, § 1, provides for "a petition for permission to file a belated notice of appeal for appeal of the conviction. [read post]
10 Oct 2006, 2:07 pm
The government's position was pretty simple: the guy was convicted by a petit jury, properly instructed about all the elements. [read post]
4 Oct 2006, 1:56 pm
I don't know if Burton is a horrible vehicle to decide the Blakely questions involved. [read post]
