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November 24, 2004

Still more on Blakely in Minnesota

Prompted by my post here earlier today about recent doings in the Minnesota intermediate appellate courts, a very helpful reader sent along a wealth of information about noteworthy Blakely developments in the Minnesota Supreme Court.  Here's the report:

  1. The Minnesota Supreme Court had issued an opinion in a case called Powers v. State, a collateral attack on a conviction following a direct appeal (basically a state habeas) in which they dropped a footnote stating that Blakely "applies Apprendi" and thus Mr. Powers, who hadn't raised an Apprendi issue on his direct appeal, couldn't raise an Apprendi or a Blakely issue. Powers petitioned for rehearing, arguing that the footnote was improper because the Blakely issue hadn't been briefed or argued. The Minnesota Supremes granted the request and deleted the footnote from the opinion in this order.
  2. The Minnesota Supreme Court hears its first Blakely case on Nov. 30 — the issue is whether Blakely applies to upward durational departures (State v. Shattuck). Later in December, the court hears State v. Leake, which will decide whether it's unconstitutional to increase a defendant's sentence from life with the possibility of parole to life without the possibility of parole based upon judicial factfinding. The Court's argument calendar for December is here.
  3. The Supreme Court has granted review of three other issues in two cases (as far as I know as of 11/24): State v. Allen — Does Blakely apply to dispositional departures? Does Blakely apply to custody status points (what the guidelines commission called the ticking time bomb)? State v. Henderson — Does Blakely apply to findings required under Minn.'s "career offender" statute, MInn. Stat. sec. 609.1095, subd. 4, which requires five prior felony convictions and a finding that the current crime was committed as part of a pattern of criminal conduct?

November 24, 2004 at 05:11 PM | Permalink


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