Law X.0

United States v. Johnson

“The Second Circuit has decided to continue to apply pre-Blakely sentencing law while awaiting a decision on Blakely questions certified to the Supreme Court. See Doug Berman, www.sentencing.typepad.com, post for Thursday, August 12, 2004 (discussing United States v. Mincey, where the Second Circuit decided that the district court did not err in applying the Guidelines, but withheld the mandate pending a Supreme Court decision). This suggests that the Second Circuit finds Blakely inapplicable to the Guidelines, but the court provides no reasoning on the issue.”
United States v. Johnson, 333 F. Supp. 2d 573, 577 (D. W. Va. 2004)

    

Note: The URL for the post referred to in the case, which is entitled "Second thoughts about the Second Circuit," is: http://sentencing.typepad.com/
sentencing_law_and_policy/2004/08/second_thoughts.html.

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United States v. Greer

“See Legislative Briefing on "The Girlfriend Problem", at http://sentencing.
typepad.com/sentencing_law_and_policy/2005/06/legislative_bri.html (last visited June 27, 2005). Defendant was one of the women the Caucus was concerned about.”
United States v. Greer, 375 F. Supp. 2d 790, 795 (D. Wis. 2005)

          

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Smylie v. State

“n12 We also note that Blakely has created such controversy that the so-called owner of the "Blakely Blog," Professor Douglas A. Berman, of Moritz College of Law at The Ohio State University, has stopped tracking state cases related to Blakely because of the overwhelming number and diversity of the holdings. Douglas A. Berman, In re State Blakely Interpretations, (Dec. 9, 2004) at http://sentencing.typepad.com. That so many states are wrestling with the meaning of Blakely is further evidence of its unpredictability and a further indication that reasonable lawyers would not have known of the outcome.”
Smylie v. State, 823 N.E.2d 679, 687 (Ind. 2005)

   

   

Notes: 1) The blog post referred to in the case, "In re State Blakely Interpretations," is at the following URL: http://sentencing.typepad.com/
sentencing_law_and_policy/2004/12/recent_state_de.html. 

2) The reference in Smylie to the Blakely Blog is erroneous. The Blakely Blog was authored by Jason Hernandez when he was a third-year law student at Columbia. The blog is now inactive, but still online at http://www.blakelyblog.
blogspot.com. I included it in my taxonomy as an example of a Case Blog.    

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State v. Foster

“n3 … See, also, Douglas A. Berman's legal blog, Sentencing Law and Policy, at http://sentencing.typepad.com for updates on Blakely and current source material on sentencing.”

State v. Foster, 2006 Ohio 856, P8 (Ohio 2006) 

      

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Brasher's Cascade Auto Auction

“n16 The question of what affect a rule will have on the future is an ex ante or forward-looking inquiry. Reviewing findings of fact for substantial evidence is an ex post or backward-looking inquiry. (See Solum, Legal Theory Lexicon 001: Ex Ante/Ex Post  <http://legaltheorylexicon.blogspot.com/2003_09_01_
legaltheorylexicon_archive.html>  [as of June 25, 2004].)”
Brasher's Cascade Auto Auction v. Valley Auto Sales & Leasing, 119 Cal. App. 4th 1038, 1057 (Cal. Ct. App. 2004)   

    

Note: The blog post referred to in the case, "Legal Theory Lexicon 001: Ex Ante/Ex Post," is towards the bottom of the page, under Sunday, September 14, 2003.

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Suboh v. Borgioli

“Bar & Grill Singers, Appointed Forever, on Licensed To Grill (1997), lyrics available at http://volokh.blogspot.com/2003_04_13_volokh_archive.
html#200154916 (last visited January 6, 2003).”

Suboh v. Borgioli, 298 F. Supp. 2d 192, 194 (D. Mass. 2004)

   

   

Note: This URL for the Volokh archives has since been taken over by another user. For details, see the posts Can Blogs Be Usurped by Hostile Takeover? and Update to Blog Usurpation.     

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Batzel v. Smith

“n3 To mention a few popular and respected legal blogs, see, for example, How Appealing, www.appellateblog.blogspot.com, SCOTUSBlog, www.goldsteinhowe.
com/blog/index.cfm, The Volokh Conspiracy, volokh.com and Lessig Blog, www.lessig.org/blog/. The development argument is likely to hold true in other industries as well, including politics, www.instapundit.com, and software architecture, www.corfield.org/blog.”
Batzel v. Smith, 351 F.3d 904, 906 (9th Cir. 2003)

    

Note: How Appealing now has a new URL: http://legalaffairs.org/
howappealing. So also does SCOTUSBlog: www.scotusblog.com. The URL's in Batzel bring readers to the previous incarnations of these two blogs.   

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Tsukroff v. Hedgeside Property & Inv. Co.

“Many courts across the state have considered the question of the retroactive effect of Proposition 64, and have not reached consensus on the point. Absent a precedential appellate opinion on the question, this court must independently evaluate the issue and weigh in. The parameters of the issue have by now been fairly well defined in the legal community. (See collected trial court orders and appellate briefs at the following web site: http://www.17200blog.blogspot.
com).”

Tsukroff v. Hedgeside Property & Inv. Co., California Superior Court, Napa County, case no. 26-25117 (order dated 01/19/05) (unpublished)

     

Note: This is an unpublished opinion, but is available online at: http://www.
17200blog.com/TsukroffOrder.pdf (the citation is at the top of p. 2). The blog cited in this opinion, The UCL Practitioner, is now located at the following URL: http://www.uclpractitioner.com.

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Kennedy v. Lockyer

“Now, I have nothing but the greatest respect for my panel colleagues' lawyerly acumen. But I do not find its exercise compatible with the basic obligations of the office we share. As judges, the essence of our role is restrained service as impartial arbiters of disputes framed by litigants. It is not, I respectfully suggest, to act as backup counsel when litigants make poor arguments, or when they come into court without first having "figured out" their cases n6 --even when doing so is motivated by a well-intentioned, but unavoidably standard-less "philosophy of law . . . infused by concepts like . . . social justice." n7

    
n7 Stephen Reinhardt and Howard Bashman, 20 Questions for Circuit Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, available at http://www.legalaffairs.org/howappealing/20q/2004_02_01_20q-
appellateblog_archive.html (quotation marks omitted); …”
Kennedy v. Lockyer, 379 F.3d 1041, 1065 (9th Cir. 2004)

    

   

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Extra Cases

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Extra Cases

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Extra Cases

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