Monday, March 21, 2005

Milligan: Transfer not sought.

Milligan v. State, Court of Appeals No. 14A05-0403-CR-166 (Ind. Ct. App. December 14, 2004), about which I also did not post at the time--how slovenly--is a straightforward application of Blakely that reverses the sentence imposed. The odd thing about this case, as with Krebs, is that the State did not seek transfer on either forfeiture or Blakely's applicability. It is odd because of the number of other Blakely cases in which the State has sought transfer. Why not in these?

The Court of Appeals' opinion was certified on January 31st.

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