Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

An insider's reaction to the SCOTUS summary reversal in Spears

By Douglas A. Berman

I asked Professor Mark Osler, who was counsel of record for the defendant who secured a surprise summary reversal win from the Supreme Court today in Spears, to write up his immediate reaction to the decision for posting.  Here was his thoughtful reply: While today?s Spearsopinion at times reads like a WWE Sentencing Smack-down hosted on the Food Network, with the majority?s description of the Eighth Circuit?s opinion as ?a smuggled-in dish that is indigestible? and the dissent?s reference to the ?bitter medicine? of summary reversal, the Court?s clarification of Kimbrough may end up having real significance. Fundamentally, the Court?s opinion makes very clear that Booker requires that judges be allowed to categorically reject sentencing guidelines with which they disagree on policy grounds...continue to full post

Full post as published by Sentencing Law and Policy on January 21, 2009 (boomark / email).