Saturday, October 02, 2004

Big IF's Not So big

I have been assured by a source who ought to know better than I, at least, that the Judicial Center had nothing to do with the substance of Judge Magnus-Stinson's Blakely presentation and the materials she handed out at the Judicial Conference now almost two weeks ago. (Again, the materials are here.) So, for the time being, I think my speculation below that the Indiana Supreme Court might have problems for having expressed extrajudicial opinions through the center about the effect of Blakely in Indiana should be labeled a mind-experiment that has failed on the facts.

I certainly invite anyone who thinks something I post here is wrong in any respect either to post a comment or to email me privately. I will try to put corrections up quickly and prominently.

Now, back to getting ready for New Year's Day (the first Monday in October), and the Blakely arguments. I have not heard or read that a recording of the arguments is going to be released. The arguments last April in the so-called "Detainee Cases" were released immediately. I think Booker and Fanfan are much more important. Here's hoping.

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