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November 4, 2005

More state disparity on juvenile offenses and prior conviction exception

Divergent recent rulings from Oregon and from Ohio have revealed the considerable state court dickering over whether juvenile adjudications come within the "prior conviction" exception of the Apprendi-Blakely rule.  And, thanks to this post at INCourts about an Indiana lower court decision in Pinkston v. State, No. 49A02-0412-CR-1003 (Ind. Ct. App. Oct. 31, 2005) (available here), I see that disparate approaches to this issue can emerge within one state as well as across states.

Notably, the Indiana Supreme Court should soon address the status of juvenile adjudications in Indiana through Ryle (discussed here and here).  But the Pinkston court could not await the Indiana Supreme Court's guidance.  And, notably, the Pinkston court, in contrast to the work done by the lower court in Ryle, holds that "juvenile adjudications are not prior convictions under Blakely/Apprendi."

Prior coverage of this issue and other issues surrounding the prior conviction exception can be found at this link.

November 4, 2005 at 12:11 AM | Permalink

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