Cal. AG Race: Herbert Sample of the Sacramento Bee has this story on Jerry Brown's history of opposing the death penalty and its impact on the race for California Attorney General.

Blakely Retro: The Colorado Supreme Court has held that Blakely v. Washington only applies retroactively to cases pending on appeal when Blakely was decided in 2004, overruling an appellate court decision that applied Blakely back to the date of Apprendi v. New Jersey in 2000. The issue is presently pending before the United States Supreme Court in the case of Burton v. Waddington. (Hat tip: Doug Berman.)