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December 17, 2004

Big Blakely news from sunny states

Big news from two newspaper reports of noteworthy Blakely rulings in sunny locales.  First, this news story from Florida reports on a resentencing decision in which the judge concluded that Blakely precluded him from adding eight years to a sentence for attempted murder and aggravated child abuse.  This is the first report I have seen of Blakely impacting sentencing in Florida

Second, this news story from Hawaii indicates that a federal district judge granted a state defendant habeas relief last week on an Apprendi/Blakely claim.  I will quote at length from the story, because this seems like an important ruling, but I cannot find the decision on-line:

U.S. District Judge Susan Oki Mollway ruled last week that Wayman Kaua should receive a 20-year term after he was convicted of attempted manslaughter following the standoff, in which he fired more than 17 shots and left thousands of Pearl City residents stranded for about 22 hours....

Mollway said the life term violated Kaua's federal constitutional rights because a state judge, not the jury, enhanced his sentence, from a maximum of 20 years he was facing for the conviction on attempted manslaughter and related counts, to life in prison....

The jury rejected the attempted-murder verdict and convicted Kaua on lesser offenses of attempted manslaughter and other charges that ordinarily carry a maximum 20-year term.

But at sentencing, Honolulu Prosecutor Peter Carlisle asked that Kaua's sentence be extended to the life term because he committed multiple offenses and the sentence would be "necessary for the protection of the public."

Huddy granted the extended term. He said Kaua abused drugs and could not control his behavior when under the influence of drugs or under extreme stress. The state high court twice affirmed the sentence, the latest ruling coming in 2003.

"The Hawai'i Supreme Court's conclusion that Kaua's extended sentence did not violate (the 2000 U.S. Supreme Court decision, Apprendi v. New Jersey) was contrary to, and involved an unreasonable application of, clearly established federal law, as determined by the U.S. Supreme Court," Mollway wrote.

December 17, 2004 at 10:20 AM | Permalink

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Prof.: Could you be so kind as to email the story to us, as the link you have provided does not lead to the story. This Florida case is interesting to us, as it appears to be the first successful reported Blakely-manipulated-sentence. Thank you.

Center for Equal Rights, Inc.
Ronald L. Humphreys, Director

Posted by: cfequalrights | Dec 17, 2004 10:34:54 AM

My husband recieved 10yrs for Fel/assault/
&life for agg.kidnapping run together@40%
then,a life,consecutively for Armed Robbery@40%
he has been in prison for 21yrs,Nashville says that he has just done 8yrs on that first life. He find more papers in court in 2004 which had Blakely v Washington in there, they turned him down. So he is a range 11 on the judgement papers but the judge give him his time.There were two other men with him, the victim stated that my husband only hit him when he was on the sstand, they tried them all together. One man got his time run all together. They did not all get the same time.He pleaded not guilt.They were at the work release when they took off.They were in Knox, the robbery was done in a different county, they caught then in a differnt county & trialed them in that county.They were drinking & do other drugs, the whole time, even the victim standed this.The assult was even in a different county. He filed an appeal, they sent him on to prison & that is where he has been just left there. The court appt. lawyer told him that he had told him that he had never done a crimmal case. The judges & DA & jury all knew each other. Even the dr. that testified worked at the hospital with some of the people that were on the jury. People in the jury knew the DA. The judges daughter was a news report,this was a small town big new election year. There was no way that he had a fair trial in this town. The judge enhanced heis sentence.The lawyer he had got off the case so he had no one to turn to.This was unconstition no way a fair trial. His right were violated.
I have no money. They said it had been to lonf. He tried. He had no education, til he got his GED in school.He had family problem while he was in school. Divorced parents. Problems in school after school. This was never looked into. The in the transcript, it even talks about an office having everdence carrying it around in his police car for days not took to the police station. Then he filed for clememcy they told him to file again in 2009.We were waiting out 60 days to get married. I am very sick. I will be needing a liver transplant, my son has ADHA?byplor. We need him home with us.My daughter has Lupus like me. > They talk about health care. If some of these men that are just sitting there wasting away could have a fair trial, they could be out working having ins. on there family. Then he wants to be tested to see if maybe he will match me for a liver. He's watched & watched men go out those gates, wondering if he will ever have that chance. He has been in prison before he was in his 20's.They said his statue had run out what was he to do. He had no one to help him. The Blakely, & Kaua, Booker, FanFan & many more apply to him. These men have grown up & seen that they can not bet the system. Give them a chance at Life. Now, you can't even have three men trialed in the same case & get different sentences these mens rights were unconstitution all in this trial. For them to not even been sent back where it started. I know that it can carry on, but you had different charges in different counties, the victum saying that he only hit him. We need to learn that even if these men have been in prison all these years they are still a man. Time passes on, but they just are left there to dye, forgotten, then the news laws come & younger one get less time for the same thing. I know we have problems. The health care of the prison system is a problem. They don't even get hept.Shots, when the children have to have them to get in school now. Yes, I think they are working on this. The children need that man figure in there life, we mothers can never fill those shoes, so what do the studies say, that the children are turning out to have problems. There has to be help for those to it's only right. Because they made mistakes when they were young. People do grown up. I know the studies say they get out & go back. Well, give those there rights to.There was a mother that shead tears for that man or woman as they are for the young ones. If we give these men a chance that have been there all these yers then just maybe were will be one of those children that makes a differences in this world in our furture. If anyone one can help me I beg for just a chance as other wives do to have a chance of having a life with her husband. Elliott ROgers # 105266

Posted by: Karen | Jan 15, 2005 8:37:53 PM

My husband recieved 10yrs for Fel/assault/
&life for agg.kidnapping run together@40%
then,a life,consecutively for Armed Robbery@40%
he has been in prison for 21yrs,Nashville, says that he has just done 8yrs on that first life. He filded more papers in court in 2004 which had Blakely v Washington in there, they turned him down. So he is a range11 on the judgement papers but the judge give him his time. I figured & his time do not come out to just be a range11.(A,B,C,)more like range111. Then he said he only had one prior There, two other men with him, the victim stated that my husband only hit him when he was on the stand, they triled them all together. One man got his time run all together. They did not all get the same time.He pleaded not guilt.They were at the work release when they took off.They were in Knox, the robbery was done in a different county, they caught then, in a differnt county & trialed them in that county.They were drinking & do other drugs, the whole time, even the victim stated this.The assult was even in a different county. He filed an appeal, they sent him on to prison & that is where he has been, just left there. The court appt. lawyer told him that he had told him that he had never done a crimmal case. The judges & DA & jury all knew each other. Even the dr. that testified worked at the hospital with some of the people that were on the jury. People in the jury knew the DA. The judges daughter was a news report,this was a small town, big news election year. There was no way that he had a fair trial in this town. The judge enhanced his sentence.The lawyer he had got off the case so he had no one to turn to.This was unconstition no way a fair trial. His right were violated.
I have no money. They said it had been to longi. He tried. He had no education, til he got his GED in school.He had family problem while he was in school. Divorced parents. Problems in school after school. This was never looked into. The in the transcript, it even talks about an office having evidence carrying it around in his police car for days, not taking it to the police station. Then he filed for clememcy, they told him to file again in 2009.We were waiting out 60 days to get married. I am very sick. I will be needing a liver transplant, my son has ADHA/Bypolor. We need him home with us.My daughter, has Lupus like me. They talk about health care. If some of these men that are just sitting there, wasteing away by,having a fair trial, they could be out working having ins. on there family.That would help TennCare. Then he wants to be tested to see if maybe, he will match me for a liver. He's watched & watched men go out those gates, wondering if he will ever have that chance. He has been in prison before he was in his 20's.They said, his statue had run out, what was he to do. He had no one to help him. The Blakely, & Kaua, Booker, FanFan & many more apply to him. These men have grown up & seen that they can not bet the system. Give them a chance at Life. Now, you can't even have three men trialed in the same case & get different sentences, there rights were unconstitution all in this trial. For them to not even been sent back where it started. I know that it can carry on, but you had different charges in different counties, the victum saying, that he only hit him. We need to learn that even if these men have been in prison all these years they are still men & woman. Time passes on, but they just are left there to dye, forgotten, then the new laws come & younger one get less time for the same thing. I know we have problems. The health care of the prison system is a problem. They don't even get hept.shots, when the children, have to have them to get in school now. Yes, I think they are working on this. The children need that male figure in there life, we mothers can never fill those shoes, so what do the studies say, that the children are turning out to have problems. There has to be help for those to it's only right. Because they made mistakes when they were young. People do grown up. I know the studies say, they get out & go back. Well, give those older ones there rights to.There was a mother that shead tears for that man or woman as they are for the young ones. If we give these men a chance that have been there all these yers then just maybe were will be one of those children that makes a differences in this world in our furture. If anyone one can help me, I beg for just a chance, as other wives do to have a chance of having a life with her husband. Elliott ROgers # 105266

Posted by: Karen | Jan 15, 2005 9:10:54 PM

My husband recieved 10yrs for Fel/assault/
&life for agg.kidnapping run together@40%
then,a life,consecutively for Armed Robbery@40%
he has been in prison for 21yrs,Nashville says that he has just done 8yrs on that first life. He find more papers in court in 2004 which had Blakely v Washington in there, they turned him down. So he is a range 11 on the judgement papers but the judge give him his time.There were two other men with him, the victim stated that my husband only hit him when he was on the sstand, they tried them all together. One man got his time run all together. They did not all get the same time.He pleaded not guilt.They were at the work release when they took off.They were in Knox, the robbery was done in a different county, they caught then in a differnt county & trialed them in that county.They were drinking & do other drugs, the whole time, even the victim standed this.The assult was even in a different county. He filed an appeal, they sent him on to prison & that is where he has been just left there. The court appt. lawyer told him that he had told him that he had never done a crimmal case. The judges & DA & jury all knew each other. Even the dr. that testified worked at the hospital with some of the people that were on the jury. People in the jury knew the DA. The judges daughter was a news report,this was a small town big new election year. There was no way that he had a fair trial in this town. The judge enhanced heis sentence.The lawyer he had got off the case so he had no one to turn to.This was unconstition no way a fair trial. His right were violated.
I have no money. They said it had been to lonf. He tried. He had no education, til he got his GED in school.He had family problem while he was in school. Divorced parents. Problems in school after school. This was never looked into. The in the transcript, it even talks about an office having everdence carrying it around in his police car for days not took to the police station. Then he filed for clememcy they told him to file again in 2009.We were waiting out 60 days to get married. I am very sick. I will be needing a liver transplant, my son has ADHA?byplor. We need him home with us.My daughter has Lupus like me. > They talk about health care. If some of these men that are just sitting there wasting away could have a fair trial, they could be out working having ins. on there family. Then he wants to be tested to see if maybe he will match me for a liver. He's watched & watched men go out those gates, wondering if he will ever have that chance. He has been in prison before he was in his 20's.They said his statue had run out what was he to do. He had no one to help him. The Blakely, & Kaua, Booker, FanFan & many more apply to him. These men have grown up & seen that they can not bet the system. Give them a chance at Life. Now, you can't even have three men trialed in the same case & get different sentences these mens rights were unconstitution all in this trial. For them to not even been sent back where it started. I know that it can carry on, but you had different charges in different counties, the victum saying that he only hit him. We need to learn that even if these men have been in prison all these years they are still a man. Time passes on, but they just are left there to dye, forgotten, then the news laws come & younger one get less time for the same thing. I know we have problems. The health care of the prison system is a problem. They don't even get hept.Shots, when the children have to have them to get in school now. Yes, I think they are working on this. The children need that man figure in there life, we mothers can never fill those shoes, so what do the studies say, that the children are turning out to have problems. There has to be help for those to it's only right. Because they made mistakes when they were young. People do grown up. I know the studies say they get out & go back. Well, give those there rights to.There was a mother that shead tears for that man or woman as they are for the young ones. If we give these men a chance that have been there all these yers then just maybe were will be one of those children that makes a differences in this world in our furture. If anyone one can help me I beg for just a chance as other wives do to have a chance of having a life with her husband. Elliott ROgers # 105266

Posted by: Karen | Jan 15, 2005 9:22:56 PM

I am a 50 year old female teacher returned to the University of Idaho for a semester to complete state required course work for a teaching endorsement in English. I also teach history and government. I am required in Inquiry Based Writing, a class with Dr. Cheryl Johnson, to write and conduct interviews on a single topic this semester comprised of 4 genres. This means of course, that it's a good idea to write about something of real interest. My nephew,at age 17, no prior criminal record, was an admitted accomplice to a heinous murder of the mother of another of the guilty teens as part of the media dubbed "Redmond Five." (Redmond, Oregon)There was no disputing by anyone that my nephew, Justin was not present at the crime. The other 4 teens plea-bargined, he requested a trial to declare he was not guilty of murder, but that he knew of the crime after the fact in his destroying evidence and attempting to flee to Canada. Two teen boys got 40 years, the girls got 20 years, Justin received true life. We could speculateon why there was no change of venue for this high profile case, small town politics, and such. For example, the prosecutor likened Justin to Hitler. Justin was convicted for being the mastermind. Thus, my curiosity and genuine concern for fair sentencing. I'm at the beginning of my research and need direction if you can provide that,please. I noted your book and links from this site and am grateful for those.

-Why aren't there national standards for all criminal sentences, stairs, grids or some continuum in place, including mitigating and other factors?
-Would this be a violation of state's rights (ie. unconstitutional)?
Is a precedent necessary to an appeal?
-Where do you recommend I look for stats on plea bargaining and public defender success records.


Since Justin had a public defender we know not how to begin to work for an appeal. His atty. tells him he has to wait for a precedent to be established. We know he serves to do time, he doesn't argue that, but he doesn't deserve the most.

Thank you most sincerely,
Debbie

Posted by: Debbie Chavez | Jan 30, 2005 8:07:35 PM

In attempting to help an offender who after being hit over the head with a log and was a substance abuser heavily intoxicated when he committed a rape, I am reaching out for information. The offender is from New Jersey and instead of being given the plea bargain for 11-17 years is now going on his 23 year of incarceration. He never had a trial. The judge decided the case and sentenced him unknowst to him to life. He believed he was getting an 11-17 year sentence.
Can anything be done to help this guy. The guy turned his life around. Has been drug free since 1993 and is a leader within the prison community--always willing to help others. Any info would be helpful.
R

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