Saturday, August 28, 2004

My First Illegal Blakely Waiver

Yesterday I had a client enter a guilty plea in accordance to the provisions of a plea agreement containing a Blakely waiver. This was my first and I do not like it one bit, mostly because I consider such waivers illegal to the extent that they require a defendant to waive the burden of proof.

It will have no impact whatsoever on the sentence, but I still do not like signing things I consider are wrong as a matter of law.