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March 11, 2005

Smylie does not make everyone smile

As I noted in this post, there is a lot to say about the Blakely work by Indiana Supreme Court in its noteworthy Smylie decision from earlier this week (basics here).   Helpfully, Michael Ausbrook at INCourts has this terrific post on the Smylie decision, which covers a lot of important jurisprudential issues and is none too kind to the work of the Indiana Supreme Court.

For folks interested in Blakely state issues, Michael's post criticizing Smylie is a must-read, although I think his negativity about Smylie may reflect his (unreasonably?) high expectations for the work of a state court trying to sort through jurisprudential mess that lies in Blakely's and Booker's wake.  (Among Michael's many astute comments is to attribute Smylie to part of "the damage the remedial opinion in Booker has done.")

March 11, 2005 at 02:20 PM | Permalink


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