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March 15, 2006

Ohio AG response to reconsideration motion in Foster

State Blakely fans may recall that, after the Ohio Supreme Court in Foster found Blakely applicable to Ohio's structured sentencing system and adopted a Booker-type remedy (basics here), the Foster defendants and a supporting amicus filed for reconsideration in the Ohio Supreme Court claiming that the retroactive application of the remedy was unconstitutional.  (All the details are here.)  Today, the Ohio Attorney General filed a potent amicus brief with the Ohio Supreme Court explaining why it believes the motion for reconsideration is all washed up.  You can download this brief here:

Download foster_memorandum_amicus_curiae_opposing_motion_for_reconsideration.pdf

Recent posts on Foster:

March 15, 2006 at 08:39 PM | Permalink


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The AG's brief is misleading. The ex post facto argument was raised in both a supplemental filing prior to oral argument, and also discussed in the oral argument itself! In fact, I mentioned it in a comment I made on this very blog immediately following the oral argument. Just because the AG wasn't paying close enough attention doesn't mean the issue is waived.

Posted by: Jay Macke | Mar 16, 2006 10:20:09 AM

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