Friday, July 08, 2005

Blakely NOT RETROACTIVE in Ninth Circuit!

Today the Ninth Circuit, the top appeals Court for most western states, slammed the door shut on thousands of federal prisoners who were holding out hope that Blakely would be applied retoactively in the West as Crawford had been held to be a few months prior.

In Schardt v. Payne, the Court held the Blakely rule did not fall within the Teague v. Lane exception permitting retroactive application of certain rules. The Court marches through a pretty thorough analysis and collects cases.

See full text here:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/42AEDE6841B771188825703700817B64/$file/0236164.pdf?openelement




Chip Venie is a private criminal defense attorney in San Diego, California. He is admitted to practice before state and federal courts in California, Washington, D.C., and Michigan. Mr. Venie graduated from The University of Virginia School of Law and clerked as a staff Attorney to the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. Mr. Venie has litigated over 700 trial level felony matters and over 150 appeals. Mr. Venie can be reached at (619) 235-8300, or chipesq@hotmail.com.

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