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July 24, 2005

Gearing up for big Ohio Blakely cases

Adding to the recent state Blakely excitements are the arguments before the Ohio Supreme Court this coming Tuesday in two big Blakely cases, State v. Foster, 2004-1568, and State v. Quinones, 2004-1771.  I have done many prior posts on the status of Blakely in Ohio: Ohio's sentencing laws and practices make the state something of a Blakely bellwether (background here and here), and there have been a number of interesting twists and turns, as detailed here and here, as these Blakely issues slowly work their way up to the Ohio Supreme Court.

Thanks to helpful readers, I can report not only that these oral arguments can be watched on-line here at the Ohio Supreme Court's website, but also that there is now this helpful official description of the cases at this link.  For additional background, available for download in this post is an amicus brief filed in one the cases, which provides a wonderful primer on Ohio's sentencing structure and on the potentially profound impact of Blakely in the Buckeye State.

July 24, 2005 at 09:00 AM | Permalink

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Comments

The undersigned, a former prosecutor in
New York City (the Kitty Genovese murder in 1964) about which I have just completed a book that is awaiting publication, and a former defense attorney, is considering writing a book devosted to the inconsistencies in prosecutions, plea bargaining and sentencing in different areas of the country. I do not intend the book to be a discussion along racial lines, hard as this might be. I also intend the book to be directed toward the interest of the general public as opposed to the professionals in the justice system. Your advice and recommendations will be greatly appreciated.
Thank you and Sincerely,
Charles E. Skoller

Posted by: Charles E Skoller | Aug 1, 2005 1:59:58 PM

You know, I have a cousin on my father's side by the name of Charlie Skoller.

And I don't see how you can write a book about the inconsistencies in prosecutions, plea bargaining and sentencing across the country without talking about race. There is no doubt empirical data that will show the disparate treatment given to minorities and to whites who are involved with the criminal justice system, particularly in certain parts of the country. You have to look at how the first interaction is handled in the streets by the police depending on the race of the subject. How often is a minor infraction or offense that might be just broken-up by the police where it involves white kids escalated by the police when minorities are involved in the same kind of conduct??

What do you think????

Posted by: Stephen Skoller | Sep 30, 2005 3:44:54 PM

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