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October 5, 2004

Now, the more intersting story...

Though I still have pages and pages of undeveloped notes from yesterday's Booker and Fanfan argument, I have already worn myself out with the half-dozen posts about the event to be found below. Moreover, when all is said and done, I think the story of Blakely in the states is even more interesting (and often less discouraging) that the federal Blakely story. And, as is now true nearly every day, there are new state Blakely developments to report.

Specifically, from North Carolina, today we get a Blakely reversal in State v. Harris, 2004 WL 2215184 (N.C. App. Oct. 05, 2004), in a case involving the imposition of an aggravted term based on a judicial finding that the defendant's offense was "especially heinous, atrocious, or cruel." From Minnesota, we get remands in two cases involving upward departures so that sentencing courts can consider the impact of Blakely. See Santiago v. Minnesota, 2004 WL 2221929, (Minn. App. Oct. 05, 2004); Minnesota v. Seelye, 2004 WL 2219663 (Minn. App. Oct. 05, 2004). And, of course, no week would be complete without a California Blakely cases from the state's intermediate court, and in People v. Gaitan, 2004 WL 2212089 (Cal. App. 1 Dist. Oct. 04, 2004) we get a thoughtful remand for resentencing on Blakely grounds.

But the big state news today comes from Blakely's home state, Washington: an intermediate appellate court decision in State v. Van Buren, 2004 WL 2222263 (Wash. App. Div. 2 Oct. 05, 2004), makes an array of (interesting and debatable) rulings about what sorts of findings a judge can and cannot make under Blakely and Washington law. I hope to discuss the Van Buren case at some length later tonight.

October 5, 2004 at 06:19 PM | Permalink


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