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26 Jun 2007, 9:05 pm
Booker, 543 U.S. 220 (2005) (prohibiting a mandatory application of the federal sentencing guidelines) and the extent to which judges, rather than juries, may make their own factual findings in the sentencing process. [read post]
25 Jun 2007, 1:29 pm
Judge Adelman does his usual strong and to-the-point work in taking stock of Rita. [read post]
25 Jun 2007, 12:44 pm
The Supreme Court has ruled that Scooter's lawyers can save their paper.Writing for an 8-1 majority, Judge Breyer wrote that appellate courts may presume that a sentence within the guidelines is reasonable, although the presumption is not binding. [read post]
25 Jun 2007, 6:18 am
Consequently, Rita's "meaning" may only became clear as lower courts revise (or reiterate) their approach to post-Booker sentencing. [read post]
24 Jun 2007, 10:32 am
Scotusblog 6/22/07 Rita and the state of the Sixth Amendment by Jeff Fisher of Standford Law School and amicus counsel for NACDL, Scotusblog 6/22/07 New (or renewed) ideas and arguments suggested by Rita by Doug Berman, Sentencing Law and Policy 6/24/07 Circuit splitting headaches after Rita by Doug Berman, Sentencing Law and Policy 6/23/07 High Court Sentencing Vote May Bode Ill for Libby by Nina Totenberg, NPR 6/22/07 [read post]
24 Jun 2007, 8:09 am
Drawing in part on the mysteries of Rita and issues left unresolved, here is a (surely incomplete) list of new or renewed ideas and arguments suggested by the Supreme Court's work in Rita. [read post]
23 Jun 2007, 5:58 am
These specific substantive issues are not addressed at all in Rita (though such issues may arise indirectly in the Court's forthcoming work in Gall and Kimbrough). [read post]
22 Jun 2007, 2:46 pm
While presently state legislators seems more likely to send guideline facts to the jury in the wake of Apprendi, they may take a lesson from Rita and make their guidelines "advisory" as well. [read post]
22 Jun 2007, 1:05 pm
mysteries of Rita... annotated [read post]
22 Jun 2007, 11:27 am
Although it is undisputed that Mother had actual notice of both the original March 21-22, 2006, hearing dates and the continued May 18-19 dates, that notice expired when the hearing was moved to May 16-17. [read post]
22 Jun 2007, 11:00 am
Rita has something for everyone (except Victor Rita) Rita recap ... for now [read post]
22 Jun 2007, 10:40 am
On Thursday, June 21, 2007, the United States Supreme Court handed down an important decision (Rita v. [read post]
22 Jun 2007, 10:23 am
While Rita may not have provided much guidance regarding appellate standards of review, the Court did provide some information about the scope of district court judges' discretion in the wake of Booker. [read post]
22 Jun 2007, 10:09 am
On the one hand, some courts may see Rita as providing something of a safe harbor. [read post]
22 Jun 2007, 10:09 am
Rita v. [read post]
22 Jun 2007, 4:55 am
In Rita v. [read post]
22 Jun 2007, 3:58 am
In Rita v. [read post]
21 Jun 2007, 3:14 pm
I think Breyer may sum it up the best: "Rita may be correct that the presumption will encourage sentencing judges to impose Guidelines sentences. [read post]
21 Jun 2007, 1:09 pm
One astute observer's comment, after the Rita decision, that "Breyer may have lost the battle, but has won the war," might be close to the reality. [read post]
21 Jun 2007, 10:22 am
If it is held that the sentence is unreasonable, a citizen may be granted a re-sentencing. [read post]
