02 July 2004

Blakely Again

I expect the Blakely opinions and reactions to snowball from this point onward. I suggest everyone keep an eye on Sentencing Law and Policy, which I suspect will be able to keep better tabs on this than I will.

This doesn't mean that I won't post about Blakely happenings I find intriguing in the coming weeks. However, I think that the important positions have already been staked out. On one side will be those who believe the guidelines are still valid and will apply them with only the unconstitutional portion excised. On the other will be those who adhere to the position that the guidelines have now been rendered entirely unconstitutional. I think the first position will be the one generally followed; it appears that this trend is already taking place.

I'd like to tell you some real world things which have happened but most of what I'm hearing is rumors and speculation. The biggest is apparently true. It appears that in Virginia AUSA's are adding Blakely waivers to their plea agreements. However, if the grapevine is correct, while some judges are accepting the waivers a larger number are refusing them.

I was informed by a probation officer today that they had received no guidance as to Blakely.

And that's about all I've got at the moment. More as it comes in . . .

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