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June 13, 2005
An update, and insights, on Blakely in Ohio
I have done many posts on the status of Blakely in Ohio, in part because Ohio's sentencing laws and practices make the state a Blakely bellwether (background here and here), and in part because there have been a number of interesting twists and turns, as detailed here and here, as these Blakely issues slowly work their way up to the Ohio Supreme Court.
Thanks to helpful readers, I can now report that the Ohio Supreme Court has scheduled, as noted here, two Blakely cases before it, State v. Foster, 2004-1568, and State v. Quinones, 2004-1771, for oral argument on July 26, 2005. I have also learned that these oral arguments can be watched on-line next month here at the Ohio Supreme Court's website.
Though we all have to wait still another six weeks for these Ohio Blakely arguments, I can in the meantime share one of the briefs in the case. Available for download below is the "Brief of Amicus Curiae Ohio Association of Criminal Defense Lawyers In Support of Appellee Jason Quinones." It provides a wonderful primer on Ohio's sentencing structure and on the potentially profound impact of Blakely in the Buckeye State.
Download ohio_quinones_amicus_brief.doc
June 13, 2005 at 05:40 PM | Permalink
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Comments
I have a son who is 18 and a first time offender. He has never been in trouble before and was scheduled to start his freshman year in college before he was arrested. He recieved both non-minimum and consecutive sentencing on a case in in the 11th district. He took a really bad plea mostly out of fear and poor counsel. Subsequently, he got a terrible sentence. Our county is extremely subjective and biased in sentencing.
I have been following Blakely developments closely because of the diffence decisions related to this case can make in my son's life. We are praying for a favorable outcome on Blakely in the Ohio Supreme Court.
Do you think it is possible for any type of concerned citizens lobby to help the outcome of Blakely in the Ohio Supreme Court? There has been a great deal of negative outcry by conservative groups and I am wondering if there is the potential for any balance. I know this issue will be largely determed by technical matters of law. But, the Supreme Court Justices are also human and I am hoping they will focus truly on the law and not succomb to political pressure.
What are your thoughts?
I am also wondering if defense lawyers or other groups are exerting any organized pressure on the courts.
Your site has been very helpful and is a valuable resource. Please continue your updates.
thank you
Linda
Posted by: Linda | Jul 5, 2005 10:24:02 PM
