April 12, 2006
Ohio Supreme Court denies reconsideration in Foster
As detailed in posts here and here, after the Ohio Supreme Court in Foster found Blakely applicable to Ohio's structured sentencing system and adopted a Booker-type remedy, the Foster defendants and a supporting amicus filed for reconsideration claiming that the retroactive application of the remedy was unconstitutional. As detailed at the end of this order document, the Ohio Supreme Court today denied the motions for reconsideration in Foster (and the companion case Quinones).
I suspect that a cert petition (and/or habeas petitions?) may be the next battle ground for debating Blakely in Ohio.
Some recent related posts on Foster:
- Ohio Commission reponse to Foster
- Foster's impact on plea bargains and appeals
- A prosecutor's view on Foster
- A sentencing judge's view on Foster
- Fascinating Foster follow-up on Ohio sentencing reforms
April 12, 2006 at 10:30 AM | Permalink
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