Wednesday, September 22, 2004

Blakely Waiver At Last !!!

I finally got my hands on a real live waiver form (here) that an Indiana court is using to try to neutralize all of Blakely's marvelous potential mischief. What strikes me most about this is the ubiquitous use of "may." You "may" have this right or that right. If a court cannot advise you about what you "are" waiving, how can any waiver be knowing, voluntary, or intelligent?

The Indiana waiver is much different from the waiver (here) USSGUIDE reports that federal prosecutors have been using.

I believe that this particular waiver form is being supplied by State Court Administration. (I believe this, because I am told the judge who produced it called SCA after she realized that she had, in mid-August, never heard of Blakely.) I wonder if this is the same waiver being used in Marion County and/or elsewhere.

If anyone out there has any more Blakely waivers, let me know. I'd love to see them.

Indiana Post-Conviction Lawyers, Start Your Engines.

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