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October 6, 2005

Divided Washington Supreme Court finds Blakely inapplicable to consecutive sentencing

As I was driving up to Cleveland this morning, I was thinking that there has not been a major state Blakely ruling in some time.  And then, lo and behold, the news arrives that the Washington Supreme Court today in State v. Cubias, No. 75109-9 (Wash. Oct. 6, 2005), declares in this en banc opinion "that the principle set forth in Apprendi and Blakely does not apply to the imposition of consecutive sentences." 

The chief ruling itself is not surprising; the decision notes that its "holding is also in line with the position taken in most other jurisdictions that have faced this issue" and cites four federal circuit decisions and 12 state rulings for this proposition.  But this lively partial dissent, which garners four state Justices' votes, highlights that this issue remains quite debatable.

October 6, 2005 at 03:52 PM | Permalink


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When my son was 18 he robbed four banks and one convenience store. He robbed two banks in Illinois, one in Ohio and the convenience store and one in Michigan. He was sentenced in Ohioto eight years for the bank robbery with a knife. The convenicence store robbery also with a knife ran concurrent. The state of Michigan filed federal charges and he was sentenced to an additional seven year sentence to run consecutive. Illinois sentenced him to 16 years concurrent to the Ohio sentence, assuming day for day good behavior thus be approximately the same as the Ohio sentence. He has now served 51/2 year in the Ohio state prison system. He has applied for an early judicial release which we have not heard back on. I have talked to different lawyers over the years only to be told there is no action that can be taken. I most recently talked to a lawyer who said he could look over the cases, possibly someone had dropped the ball on trying to obtain one sentence for a spree of bank robberies over a period of two weeks. I am hoping you might be able to give some insight to this. I am only a mother of a young man who has done everything possible in the prison system to move forward with his life. Everything the prison system has offered he has participated in and successfully completed.

Posted by: Sally | Oct 9, 2005 9:40:59 AM

Does anyone have a
response to the three
sentences to the bank
robbery spree. If there
is a lawyer out there
that might be able to
help my son out please
e-mail me. If I only
knew if it is worth
hiring a criminal lawyer
for a post convictionreview.



Posted by: Sally | Oct 12, 2005 11:30:51 PM

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In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB