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California Supreme Court finds Cunningham retroactive to Blakely

By Douglas A. Berman

Providing perhaps a fitting judicial celebration of Groundhog Day, the Supreme Court of California has decided today that the Supreme Court's ruling in Cunningham must be applied retroactively to state cases that become final on direct appeal between Blakely and Cunningham.   The unanimous decision in In re Sotero Gomez, S155425 (Cal. Feb. 2, 2009) (available here), starts this way: This case presents the question whether Cunningham v. California (2007) 549 U.S. 270 (Cunningham) applies on collateral review of a judgment that became final before Cunningham was decided but after Blakely v. Washington (2004) 542 U.S. 296 (Blakely) was decided.  We conclude that Cunningham does apply in these circumstances, and reverse the contrary decision of the Court of Appeal...continue to full post

Full post as published by Sentencing Law and Policy on February 02, 2009 (boomark / email).