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Addendum to Cases Citing Legal Blogs

A few weeks ago I updated my list of cases citing legal blogs here. I noted that there had been 6 additional court cases citing blogs since I first compiled the list here.

   

One of the new cases was United States v. Kandirakis, 2006 U.S. Dist. LEXIS 53243, which cited Sentencing Law and Policy twice. However, I missed another blog being cited in the same case. Namely, PrawfsBlawg is cited in two consecutive footnotes. Here is the relevant quote from Kandirakis: 

“The notion that a defendant’s sentence is based upon his ‘real offense’ . . . begs the question: ‘real’ according to whom, and according to what standard.” Darmer, supra, at 544. In truth, “real conduct” sentencing as embodied in the Guidelines, is simply punishment for acts not constitutionally proven. n42 The system relies on “findings” that rest on “a mishmash of data[,] including blatantly self-serving hearsay largely served up by the Department [of Justice].” Green, 346 F. Supp. 2d at 280. n43

n42 Dan Markel, “The Indispensable Berman on Booker”, June 26, 2006, PrawfsBlawg, at  http://prawfsblawg.blogs.com/ prawfsblawg/2006/06/the_indispensab.html (“For what is real conduct in a regime in which the Founders sought the use of juries except conduct that has either been admitted to or been included in the indictment and proved to be ‘real’ beyond a reasonable doubt by a jury of one’s peers?”).

n43 Dan Markel, supra note 42 (“[W]hat makes the Booker remedy fundamentally untenable is that it continues to provide safe harbor for the imaginative fantasies of what really occurred under the rubric of real conduct.”); see also Booker, 543 U.S. at 304 (Scalia, J., dissenting in part) (relating that judges “determine ‘real conduct’ on the basis of bureaucratically prepared, hearsay-riddled presentence reports”); Blakely, 542 U.S. at 312 (addressing the unfairness of basing a defendant’s sentence “on facts extracted after trial from a report compiled by a probation officer who the judge thinks more likely got it right than got it wrong”). …

      

United States v. Kandirakis, 2006 U.S. Dist. LEXIS 53243 (D. Mass. 2006)

I am inclined to consider these footnotes as two separate citations. This means that there are now 34 citations of legal blogs from 27 different cases, with 9 legal blogs being cited.

      

If readers learn of any other case citations of legal blogs that are missing from this collection, please add them in the comments.

September 29, 2006 in Cases Citing Legal Blogs | Permalink

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