Wednesday, March 09, 2005
Ind. Decisions - [Updated] More on today's decision in Smylie v. State
Not to be overly picky, but as a blogger, I am sensitive to these things. Page 11, footnote 12 of today's Smylie v. State:
We also note that Blakely has created such controversy that the so-called owner of the “Blakely Blog,” Professor Douglas A. Berman, of Moritz College of Law at The Ohio State University, has stopped tracking state cases related to Blakely because of the overwhelming number and diversity of the holdings. Douglas A. Berman, In re State Blakely Interpretations, (Dec. 9, 2004) at http://sentencing.typepad.com. That so many states are wrestling with the meaning of Blakely is further evidence of its unpredictability and a further indication that reasonable lawyers would not have known of the outcome.Professor Berman is the owner of the justly-acclaimed Sentencing Law and Policy blog, NOT the "now retired" Blakely Blog ("Here Comes the Fat Lady: After giving it some thought, I’ve decided to put the Blakely Blog to bed for good.")
[Updated] See Professor Berman's just posted comments here. Among other things, he says:
In what appears to be the most comprehensive state supreme court decision to date (and the first major post-Booker state supreme court ruling), the Indiana Supreme Court today has ruled on Blakely's applicability to Indiana's sentencing structure in Smylie v. Indiana * * *.
Posted by Marcia Oddi on March 9, 2005 04:07 PM
Posted to Ind. Sup.Ct. Decisions