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"In applying Taylor to assertions of Booker error made for the first time in certiorari petitions, we generally have applied the bar where the defendant has failed to raise any Booker - or Blakely -related issues before filing his certiorari petition. Here, however, Cruz did raise sentencing issues based on Blakely, so we will consider all his assertions of Blakely and Booker error now on remand."
August 15, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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