Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The U.S. Supreme Court’s recent decision in Blakely v. Washington has ignited an intense re-examination of sentencing laws and stimulated the legal Internet community to create highly focused resources. The power of Web logs (or blogs) — with their capacity for self-publishing, easy updating and reader input — has been harnessed to illuminate this latest development in jurisprudence. Lawyers and academics started publishing post- Blakely information before the ink on the opinion was dry. More importantly, they have tapped into a network of knowledge, facilitated by e-mail and the Internet, to create an electronic back fence where practitioners in the trenches can share observations and news. Since the decision was handed down, there has been a landslide of developments. Fortunately, attorneys can focus their research by visiting a few well-informed Web sites. The most highly regarded Blakely blog is Sentencing Law and Policy, sentencing.typepad.com/, published by Douglas Berman, a law professor at Moritz College of Law at Ohio State University and the managing editor of the Federal Sentencing Reporter. This blog has the most up-to-date developments about cases interpreting and applying Blakely. The site includes analyses and links to a variety of interpretative materials, court decisions, memos, and other related Web pages and blogs. It represents a blending of expert analysis and current information from the widest possible range of sources. Another impressive site is the Blakely Bulletin Board, www.ussguide.com/members/BulletinBoard/Blakely/Index.cfm, published by Punch and Jurists. This free site includes recent federal decisions interpreting Blakely, legal memoranda and briefs from the case, analytical articles, prosecution and defense litigation documents, links to related sources, and recently published news articles. It also has a collection of links to transcripts from the U.S. Senate Judiciary Committee’s hearing on Blakely v. Washington and the “Future of the Federal Sentencing Guidelines.” The Bulletin Board appears on the USSGuide.com site. In addition, there is an Apprendi Watch page on a related site, FedCrimLaw.com, which has a substantial body of federal decisions, briefs and motions. Full access to the site’s entire collection of federal sentencing resources requires a fee. Another good site is Blakely Blog, www.blakelyblog.blogspot.com. It posts current news concerning the case, with links to the decision and briefs, commentary on recent developments, and research references. The publisher is Jason Hernandez, a third-year law student at Columbia Law School. HEAVY FOCUS ON ‘BLAKELY’ Several legal blogs have been reporting on Blakely heavily, although it is not their primary focus. SCOTUS blog, goldsteinhowe.com/blog/, has up-to-date coverage from various news publishers, along with extensive commentary and links to other Web-based resources. It is published by Goldstein & Howe, a firm that litigates mainly before the U.S. Supreme Court. How Appealing, legalaffairs.org/howappealing/, targets issues of interest to appellate litigators, and has been providing thorough coverage of Blakely developments drawn from current news and Web sources. A site concentrating on “crime-related political and injustice news,” TalkLeft, www.talkleft.com, has established a Blakely category under its archives section for news postings and commentary. The site was created by Denver-based criminal defense attorney Jeralyn Merritt, and serves to compliment her criminal law resource site CrimeLynx, www.crimelynx.com . BLAKELY APPRENDI RESOURCES Bar associations and public defender offices have developed online resource libraries where practitioners can find essential Blakely practice materials. The National Association of Criminal Defense Lawyers created a page, www.nacdl.org/public.nsf/newsissues/blakely?opendocument, containing a collection of briefs, transcripts, memos, new decisions, sample pleadings, news and opinions, member only association resources, and links to blogs and other sites. The Federal Public Defender for the District of Columbia publishes a Blakely resource page, Blakely v. Washington Resource Page, which posts information about the case including the decision and briefs, Department of Justice memos, and links to other sources. There are also Blakely sentencing memoranda from defense attorneys. They also maintain an extensive national collection of Apprendi materials. Another resource page was started by California’s First District Appellate Project, www.fdap.org/blakely.html. It posts analyses about the case’s impact in California, along with links to post- Blakely decisions nationwide, and includes sample briefs in multiple formats. Lastly, the New York State Defenders Association maintains an Apprendi page focusing on New York practice. It contains links to news, court decisions and research resources. Links to relevant Blakely developments are also being added. In addition, news, practice publications, and research links regarding federal practice, as it relates to New York, can be found on the Courts Federal page under Hot Topics. THE ‘BLAKELY’ EFFECT The Vera Institute of Justice, www.vera.org , has launched an initiative to address the effect of Blakely. Information about the case can be found on their site through the Sentencing and Corrections tab leading to the State Sentencing and Corrections Program page, and then under Latest Developments. The project will conduct a national meeting to consider the impact on sentencing guidelines and produce a series of Blakely publications. As part of the initiative, the Vera Institute will work to identify resources, research materials and experts as well as provide assistance to state policy-makers. Also, the Federal Sentencing Reporter, a publication of the group, is working on a special issue devoted to Blakely. Developments are moving fast and furious. Time-strapped lawyers and judges searching for the latest research and news will benefit by spending a few minutes perusing these sites. Web logs and Internet resource pages produced by academic experts, experienced litigators, and professional associations represent a layer of current awareness that practitioners cannot afford to overlook. Ken Strutin is director of legal information services at the New York State Defenders Association.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.