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March 17, 2005

An insightful snapshot of Smylie

The biggest recent development in the always intriguing Blakely in the states storyline was last week's Smylie decision by the Indiana Supreme Court which applied Blakely to Indiana's sentencing scheme (basics here, commentary here and here).  Indiana attorney Michael Limrick has produced an terrific article on the case, entitled "Snapshot of Smylie," to appear in a local bar publication.  The article, which covers a host of issues that should be relevant to any state struggling with Blakely, can be accessed at this link.  Here's the opening paragraph:

On March 9, the Indiana Supreme Court stepped into the Blakely fray and ruled in Smylie v. State that Indiana’s felony sentencing system, as presently written, violates the Sixth Amendment right to trial by jury. Yet, as with seemingly every decision tackling the United States Supreme Court’s recent sentencing jurisprudence, Smylie left more questions than answers.  Thus, while an important step, Smylie is hardly the last in Indiana’s trail of litigation following Blakely.

UPDATE:  Michael Ausbrook over at INCourts quotes in this post perhaps the most important and far-reaching insights to be found in Michael Limrick's discussion of Smylie.

March 17, 2005 at 12:55 AM | Permalink


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