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Another criminal defendant win produce another notable SCOTUS alignment

By Douglas A. Berman

As detailed here at SCOTUSblog, the Supreme Court issued two opinions and granted certain on three new cases this morning, but it is not obvious that this activity includes much for sentencing fans to get to excited about.  That said, there was a criminal justice ruling today in the issued opinion, and here is how Lyle Denniston reports the event: Bloate v. United States (08-728), in which the lower court is reversed and remanded.  Justice Thomas writes for the Court, with a vote of 7-2.  Justice Ginsburg joins the opinion but files a separate concurrence.  Justice Alito dissents, joined by Justice Breyer.  The time granted to prepare pretrial motions is not automatically excluded from the 70-day limit under the Speedy Trial Act of 1974.  The opinion is here...continue to full post

Full post as published by Sentencing Law and Policy on March 08, 2010 (boomark / email).