Two Blakely-related items caught my eye/ear this weekend. First, there was this article from San Franciso, republished at Law.com, titled "San Francisco's 'Blakely' Waivers Prompt War Over Wording." Some quotes:
San Francisco prosecutors have recently started using so-called Blakely waivers in felony plea bargains in response to the June decision from the U.S. Supreme Court.Here are links to two of my earlier entries on this topic, the first containing a link to the Marion County Prosecutor's Office form, and the second containing an inside look on prosecutors v. defenders use of the waiver in Marion County.But across the board, deputy public defenders are refusing to sign. If necessary, they'll offer clients an alternative written by their office, said Public Defender Jeff Adachi.
Chief Assistant District Attorney Russell Giuntini said Wednesday that he hadn't seen the public defender's waiver, but he said, "I'd welcome looking at anything."
If the two sides can't agree on a form, though, it could mean fewer plea bargains, and at an extreme, more trials.
Another item from this weekend was NPR's Sunday Weekend Edition's feature titled "Sentencing Guidelines: A Response." Listen here. Eric Vos, an assistant federal defender in Pennsylvania, offers the commentary.
Posted by Marcia Oddi at October 11, 2004 02:12 PM