Wednesday, July 14, 2004

Why you should check out How Appealing
You may have noticed, but I try to vaguely stay abreast of items that interest me but that I have virtually no real understanding of whatsoever. The ease with which one can do that sort of thing thanks to the Internet, and the blogosphere especially, is pretty well addicting. In that light, I would point out that I've learned that the distant scrambling sound you hear is that of confused but excited lawyers, confused but concerned prosecutors, and just plain confused judges, now that a little-heralded Supreme Court decision from less than a month ago, Blakely v. Washington, is being considered. It sounds like big news to me.

It seems that, depending on your point of view, the decision is either very limited, or it may well totally unhinge federal sentencing guidelines, as violating the 6th amendment. Two circuit courts have decided it changes everything; one has decided it changes nothing. Needless to say, a line is forming. While I like the idea of relinquishing federal sentencing mandates that are overly rigid, this might tie the hands of the judge even more in other ways. I'm sure that by the time they all figure out what it means, and if it's a good thing, it will have changed.

Some sites worth looking at, if you're like me, and can't get enough of this kind of thing:
1. Findlaw has a pretty lengthy analysis from a Rutgers U. prof.
2. How Appealing is one of the most amazing blogs you'll ever run across. Covering apellant litigation, Howard Bashman, a Philadelphia attorney, somehow posts dozens of links a day to stories and decisions. From most recent, he covers the recent Blakely aftermath here, here, here, and here.

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