Thursday, July 22, 2004

State Focus

A few developments in the states worth mentioning:

Minnesota - Enhancements Must Go to the Jury
As I mentioned earlier today, Minnesota had its first run-in with Blakely in State v. Whitley. The result: findings of fact under Minnesota's pattern sex-offender statute must go to the jury.

Michigan - Michigan Guidelines Constitutional (Maybe)
Sentencing Law and Policy is reporting that Michigan's courts have ruled in Michigan v. Claypool that the Michigan guidelines do not present any Blakely difficulties. But a concurrence in that case may cast doubt on that conclusion. The case and further detail can be found here.

Tennessee - Governor Acts to Preserve Guidelines
The Chattanoogan is reporting that, "By Executive Order, Governor Phil Bredesen today named a panel of criminal justice officials charged with making recommendations to preserve the use of enhancement factors in Tennessee’s criminal sentencing laws, in light of a recent U.S. Supreme Court ruling."

Indiana - Disagreements Over Blakley's Reach
The Indiana Law Blog is reporting that there has been disagreement between the state and defense attorneys over Blakley's impact in Indiana. Imagine that.

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