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October 20, 2004

Still more Blakely news from Indiana

Marcia J. Oddi of the The Indiana Law Blog reports that a state decision today, Krebs v. Indiana, No. 49A04-0310-CR-549 (Ind. Ct. App. Oct. 20, 2004), provides "the clearest statement to date" of Blakely's impact on Indiana sentencing law. Marcia provides the details in this post (scroll down to the third case), and she also reminded me that in three weeks the Indiana Supreme Court will be hearing its Blakely cases (as detailed here).

October 20, 2004 at 06:50 PM | Permalink


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There are, to my mind, three non-trivial aspects to this opinion:

1. The court took up Blakely sua sponte.

2. The court said that Blakely applies to suspended enhancements.

3. Following a number of other Indiana cases without citation, the court equated "criminal history" with "the fact of a prior conviction."

It is, of course, also non-trivial that the court applied Blakely at all.

The court remanded for sentencing proceedings consistent with Blakely. Nobody knows what such proceedings might look like.

Posted by: Michael Ausbrook | Oct 21, 2004 12:19:23 AM

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