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September 07, 2005

Abeyta Response Due Next Week. The AG's response to the petition for certiorari in Abeyta v. California, no. 05-5747, is due next Monday (9/12). The petition asks the Court to review California's sentencing scheme under Blakely. As the petition notes, there is now a split among the state courts as to whether Blakely established a bright-line rule and California's decision finding no bright-line rule is in direct conflict with Blakely.

I don't know whether there are other cert petition pending in other post-Black cases, but given the previous post, many more cases will be making their way into federal court.

Posted by Jonathan Soglin at 10:16 PM in Blakely/Apprendi | Permalink

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