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Blakely and the Loss of Intellectual Honesty in Some Circuits

By Tom Lincoln

For all my differences with many of the views of Justice Scalia, in Blakely he took the bull by the horns and decided according to law, instead of figuring political or practical consequences. After all, the dissent by Justice O'Connor is really a pathetic cry for not rocking the boat, rather than a reasoned legal argument. I can understand the desire of appellate judges to let the Supreme Court go first, but why then issue these rulings saying Blakely does not apply to the federal sentencing guideline rather than wait. In my view, quite frankly, these are orders and opinions lacking in intellectual honesty. Maybe I am being too harsh, but that is the way I see it. It is difficult for me to imagine that a Judge can really believe the Supreme Court will not extend Blakely to the federal sentencing guidelines...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on August 18, 2004 (boomark / email).