Monday, September 27, 2004

Blakely: Two Cases Set for Oral Argument in Supreme Court

Taking a page, perhaps, from the United States Supreme Court, the Indiana Supreme Court has granted transfer in two cases and set oral argument on the Blakely issues they raise. The cases are Heath v. State and Smylie v. State. (Suprisingly, both cases are NFP. Thanks to Marcia Oddi at Indiana Law Blog for getting them, scanning them, and making them available to all. Her report on the cases is linked to the subject line above.)

The argument is on November 10th at 9:00 a.m. It's a two-hour, consolidated argument on Blakely issues only, apparently. And it seems that it is happening without any additional briefing on the merits. I expect the citations to additional authority will be flying fast and furiously--a great deal has happened in Blakely-World since the transfer briefs were filed.

After I read them carefully, I'll post about what issues I think they raise. I know Smylie is going to present the question of effect Blakely has on consecutive sentences. I'm also trying to get the briefs--maybe even both sides.

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