Thomas McAvoy, Senior U.S. District Court Judge for the Northern District of New York, has ruled "Crawford v. Washington" and "Blakely v. Washington" are not retroactive in their application.
Both "Crawford" and "Blakley" have created wide confusion, leaving trial courts speculating on their impact and eager for clarification. On Monday, Aug.2nd., the U.S. Supreme Court agreed to look at & settle whether federal sentencing rules were unconstitutional ( http://www.cnn.com/2004/LAW/08/02/scotus.sentences.ap/index.html )
The case before McAvoy (Garcia v. U.S., 04-CV-0465), raised both Crawford and Blakley issues which were addressed in his decision. Article in New York Law Journal on Aug. 6th. exemplifies.
( http://www.law.com/jsp/article.jsp?id=1090180295836 )
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