7/20/2004 04:48:58 PM|||Nathan Moore|||

I don't feel bad making these posts because I know that all of you who glaze over that mention of legal intricacy have this handy thing called a "scroll button" on your mouse. 
 
Tomorrow I'm slated to argue a post conviction petition in Judge Blackburn's court here in Davidson County.  The crux of the argument that my client should be granted  a new trial is that the Blakely v. Washington case the SCOTUS decided last month ought to be applied retroactively.  I have a good argument for differentiating Blakely from Summerlin (where the Court refused to apply Ring v. Arizona retroactively), and hope for victory tomorrow.  If Blakely does not convey a watershed rule in criminal procedure, per Teague v. Lane, I'm not sure what will.
 
If all fails, and it likely will, I'm on my way to the Tennessee Supreme Court (via the Tennessee Court of Criminal Appeals, of course).

|||109036043819653102|||Blakely Fun Tomorrow