Supplemental Blakely Brief Permitted Without Separate Court Order

The Sixth District Court of Appeal has issued an order permitting counsel to file a supplemental brief raising the Blakely issue without needing to file an application for leave to file the supplemental brief. Such a supplemental brief must be filed before an opinion has been announced, and the brief must be clearly labeled on the cover as raising the Blakely v. Washington issue. The rules are contained in Miscellaneous Order 04-01 which states the following:

"Any party to a pending appeal in which an opinion has not yet been filed who wishes to file a supplemental brief pursuant to the recent United States Supreme Court decision in Blakely v. Washington (No. 02-1632. June 24, 2004) 542 U.S. __; 124 S.Ct. 2531; 159 L.Ed.2d 403; 2004 WL 1402697; 2004 DJDAR 7581 shall not be required to file an application for leave to file a supplemental opening brief prior to filing the supplemental brief.

"Any supplemental brief filed pursuant to this order shall prominently state on the front cover of the brief that it is a "Supplemental Brief filed pursuant to Blakely v. Washington (No. 02-1632. June 24, 2004) 542 U.S. __; 124 S.Ct. 2531; 159 L.Ed.2d 403; 2004 WL 1402697; 2004 DJDAR 7581." Where a supplemental opening brief is filed pursuant to this order, the time for filing respondent's brief shall be extended by 15 days. If respondent's brief has already been filed, respondent shall have leave to file a supplemental respondent's brief within 15 daus of the date of the filing of the supplemental opening brief."

July 28, 2004

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