May 3, 2006
Clearing out the Foster pipeline in Ohio
Today brings a (final?) development in the saga of Blakely's application to Ohio's sentencing law. Recall that, a few months ago, the Ohio Supreme Court in Foster found Blakely applicable to Ohio's structured sentencing system and adopted a Booker-type remedy (basics here, commentary here and here and here). Today, as revealed in this order, the Ohio Supreme Court disposed of 249 Foster cases on its docket by remanding them all to trial courts for resentencing.
I wonder if anyone will track the outcomes in these cases upon resentencing. Resentencing data for these cases would provide one interesting guage of how Foster might impact sentencing in Ohio.
Some recent related posts on Foster:
- Ohio Supreme Court denies reconsideration in Foster
- Ohio Commission response 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
May 3, 2006 at 10:11 AM | Permalink
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It seems that the Ohio ultimate solution is delay, delay, delay. Foster and the aftermath establishes a dodge of the Bouie issue by inference that the new post-Foster sentence "might" not have Due Process, ex post facto violations. Hence, a second round of exhaustion of State remedies, and another year or two of State litigation before the fed's get a bite at this, it seems.
Posted by: ken rexford | May 9, 2006 10:21:34 AM