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April 23, 2005

Indiana's brewing Blakely fix

Michael Ausbrook over at INCourts, who has developed into a leading commentator on state Blakely developments, has the latest details here on the legislative Blakely fix brewing in his home state.  As Michael details, the pending legislation moves Indiana to advisory guidelines (i.e., the legislation Booker-izes rather than Blakely-izes the state's structured sentencing system).  Here is the heart of Michael's account:

There is some very bad, i.e., confusing and possibly contradictory, drafting in some of the details.  But the major thrust of the legislation is pretty clear.  Out with fixed, presumptive sentences, and in with "advisory sentences," that are not even all that advisory.  There is no statutory requirement that courts consider them....

In the new regime, however, trial judges "may voluntarily" consider the new advisory sentence, but they do not have to.  And it would appear that trial courts will be able to impose maximum sentences for good reason, bad reason, or no reason at all.

April 23, 2005 at 04:26 PM | Permalink


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