Tuesday, November 30, 2004

New Rule is not Retroactive. The rule set out in Blakely v. Washington is not a new rule of constitutional law made retroactive to cases on collateral review by the Supreme Court. That finding was the death knell for Freddy Carmona's motion to file a second habeas corpus petition based on Blakely. The decision in Carmona v. United States can be found here.

For those of you who do not know what Blakely is about, where the heck have you been. Read the opinion, or better yet, read the blog.

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