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March 31, 2006

Blakely plain error in Oregon

The story of Booker plain error in the federal system has been amazing to watch, though slowly but surely the issue has been sorted out (differently) in each circuit.  This newspaper article from Oregon serves as a reminder that the states have had their own plain error issues to sort through in Blakely's wake.  Reporting on the last of a series of plain error rulings, the article explains that the Oregon Supreme Court has decided "that defendants cannot object to their prison sentences on appeal if judges increased their sentences based on aggravating factors ... if defendants failed to object to them at the time of sentencing."  The latest of these decisions came yesterday in State v. Perez, No. S52267 (Ore. Mar. 30, 2006) (available here).

March 31, 2006 at 12:02 PM | Permalink


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