Blakely in the states keeps chugging along

Even though the Supreme Court keeps keeping us waiting for Booker and Fanfan, the state courts continue to churn out Blakely decisions. 

Amazingly, only roughly a week into the new year, California already has 30 on-line decisions noting or discussing Blakely.  I continue to wonder when the California Supreme Court will hear argument in the two Blakely cases on which it granted review nearly six months ago.  I have to surmise that Court is, like the rest of us, waiting for Booker and Fanfan.

And other intermediate state appellate courts are keeping busy this week, too.  From Washington, yesterday brought State v. Ermels, 2005 WL 39762, (Wash. App. Div. 1, Jan. 10, 2005), in which the court affirmed a sentence over a Blakely objection based on the defendant's waive of his rights to appeal in his plea agreement.  And today brought State v. Windrow, 2005 Wash. App. LEXIS 55 (Wash. App. Div. 2, Jan. 11, 2005), in which the state conceded Blakely error in the imposition of an exceptional sentence.

In addition, today Minnesota released three notable Blakely decisions: State v. Minick, 2005 WL 43769 (Minn. App. Jan. 11, 2005) (reversing upward departure sentence based on Blakely); Vogt v. State, 2005 WL 43952 (Minn. App. Jan. 11, 2005) (holding that Blakely has no retroactive application); State v. Hajrusi, 2005 WL 44020 (Minn. App. Jan. 11, 2005) (same).