Monday, March 21, 2005

Lampitok: Transfer denied on 3/10

In this post a couple of days ago, I mentioned that on March 10th, the Supreme Court had denied transfer in Berry. In checking up on the Blakely-related cases in which transfer has been pending, and I have discovered that the court denied the cross-petitions to transfer in Lampitok--also on March 10th. (I think I somehow skipped a page when reading the transfer list for March 11th put up by Marcia Oddi at the Indiana Law Blog. Lampitok is there, twice, actually, on page three.)

[Oops]: Transfer was denied in Berry on 3/17, not 3/10.

My original post on Lampitok (11/16/04) is here. Lampitok follows Carson in a footnote saying that Blakely, even if applicable to Indiana sentencing--which we now know that it is--would not have affected Lampitok's sentence because of his (unspecified) criminal history "which began in 1978."

Because Lampitok's criminal history is not detailed at all in the Court of Appeals' opinion, it is only possible to conclude that the denial of transfer there is not inconsistent with the approval of a broad reading of the prior conviction exception that the denial of transfer in Berry more clearly implies.

Gotta go check some others.

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