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September 9, 2006

Indiana sorting through its Blakely fix

As detailed here, well over a year ago Indiana enacted a legislative Blakely fix that essentially adopted a Booker-type advisory guideline approach.  Left uncertain in the fix was the place of the advisory rules and appellate review in the new system. 

Thanks to posts from Marcia Oddi at the Indiana Law Blog here and here, you can catch up with the arguments over these issues, which has just come before the Indiana Supreme Court.  The Fort Wayne Journal Gazette has this effective coverage of the Indiana Supreme Court arguments.  Here is a snippet:

Indiana's Supreme Court justices wrestled Thursday with the state's new sentencing plan, which was put in place to avoid a violation of the U.S. Constitution but could lead to inconsistent prison terms for Hoosiers....

[T]he question before the court Thursday was whether judges are bound to provide any sentencing statement explaining the reasons behind a sentence, as three decades of court precedent has required.

September 9, 2006 at 11:18 AM | Permalink


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