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January 2, 2006

Reviewing Oregon's big Blakely rulings

As detailed in this post, the Oregon Supreme Court closed out 2005 with three important and interesting decisions addressing various "second generation" Blakely claims.  Today, the Salem Statesman Journal has this effective article reviewing the rulings.  Here are snippets:

The Oregon Supreme Court has cleared the way for juries to resentence hundreds of criminal defendants based on aggravating factors, lengthening their prison stays.... "It was not a good day for criminal defendants," said Peter Gartlan, the chief defender in the state Office of Public Defense Services, which argued one of the cases.

The justices sided with the state's arguments in a trio of decisions released on the final business day of 2005. They cleared some of the legal confusion that resulted from a 2004 U.S. Supreme Court decision that cast doubt on Oregon's criminal-sentencing guidelines. "These are important victories for the state," said Kevin Neely, a spokesman for Attorney General Hardy Myers....

Officials have estimated that the decisions could affect 200 to 300 cases, although no one has offered reliable figures.

January 2, 2006 at 10:44 AM | Permalink


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