July 21, 2004
Tracking Blakely developments in the states
According to this story, the Blakely earthquake had its first aftershock in a Minnesota state court on Tuesday when the Minnesota Court of Appeals overturned a sex offender's 40-year prison sentence. Apparently, the state guidelines called for a sentence of 57 months, but the trial judge had imposed a 40-year sentence based on the conclusion that the defendant was a patterned sex offender.
Helpfully, for those interested in tracking Blakely's impact and the developments in the state courts, the National Center for State Courts has already produced this very helpful report entited "Blakely v. Washington: Implications for State Courts". This report not only is rich with analysis of what Blakely could mean for state sentencing systems and potential responses, but it also includes a terrific appendix detailing "Sentencing Practices and Other Relevant Policies in the States." Among the many interesting analytical points in the memo is the important observation that "probation and parole can be affected by Blakely under certain circumstances."
In addition, there are a number of valuable state sentencing links within the NCSC report, including a link to this memo by Robert L. Farb of The Institute of Government at the University of North Carolina, entitled "Blakely v. Washington and Its Impact on North Carolina’s Sentencing Laws."
July 21, 2004 at 02:28 AM | Permalink
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Member of the NYC law firm Slotnick, Shapiro & Crocker, LLP.
Posted by: Michael Shapiro | Jul 27, 2004 4:02:58 PM
Among the many interesting analytical points in the memo is the important observation that "probation and parole can be affected by Blakely under certain circumstances."
Posted by: Robe de Soirée 2013 | Dec 13, 2012 12:20:36 AM