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February 15, 2005

Interesting midwestern Blakely perspectives

This week has brought interesting new perspectives on Blakely and Booker from intermediate appellate courts in Indiana and Ohio.

From Indiana we get Abney v. State, No. 25A05-0407-CR-394 (Ind. App. Feb. 15, 2005) (available here), which is not all that exceptional in its basic holding: the court mostly reiterates prior state rulings that Indiana's presumptive sentencing system is subject to Blakely, but then is able to affirm a sentence because the trial court had relied on some Blakely-compliant aggravating sentencing factors.  But the case is noteworthy because, as spotlighted by the Indiana Law Blog here, a concurring judge argues that Booker's gloss on Blakely indicates that Indiana's sentencing laws are not in fact Blakely problematic.

From Ohio, where earlier this month as noted here the First District appellate court concluded that Booker's gloss on Blakely did make Ohio's sentencing system problematic, we get another appellate panel (like the one noted here) providing an extended and thoughtful constitutional defense of Ohio's sentencing system.  In State v. Trubee, 2005-Ohio-552 (3d App. Dist. Feb. 14, 2005) (available here), the court draws on Justice O'Connor's Apprendi dissent to contend that a "close examination of the Supreme Court's rulings demonstrates that the Court has implicitly found that the structure of Ohio's sentencing scheme does not violate a defendant’s constitutional rights."  Notably, to perhaps ensure rapid resolution of these matters by the state supreme court, the Trubee court decided to "sua sponte certify this decision pursuant to App.R. 25 to the Ohio Supreme Court for conflict with the recent decision of the First District Court of Appeals."

February 15, 2005 at 11:28 PM | Permalink


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Professor of Criminal Justice. Miami Fl.
I am teaching a Victimology course this semester.Any important/landmark cases I
should review with my students?

Posted by: David Lien | Aug 10, 2006 10:29:08 AM

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