A California court has backpedaled on an order that lawyers said had discouraged them from using the historic U.S. Supreme Court Blakely sentencing decision to help clients. The order said appointed appellate counsel wouldn't be paid for briefing issues raised in light of Blakely. Appellate lawyers called last week's order unprecedented, but Justice Nickolas Dibiaso said the court had acted similarly before, adding: "Well, if it touched a nerve -- tough noogies."
Court Rescinds Threat to Hold Pay for 'Blakely'
August 12, 2004