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Criminal Law

: Sentencing Law and Policy

California Supreme Court to address Cunningham retroactivity

By Douglas A. Berman

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Thanks to this post at C&C, I see that the Califorina Supreme Court is due to hand down on opinion on Monday concerning the retroactive application of the Cunningham decsion to state cases that become final on direct appeal between Blakely and Cunningham.  My first instinct is to say that Cunningham should apply to these cases, but I know better than to make any firm predictions about how appellate courts are going to resolve Blakely issues.

Full post as published by Sentencing Law and Policy on February 01, 2009 (boomark / email).

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