I have been neglecting the useful. Stacy Uliana has been kind enough to give me permission to put up her amended reply brief in Jason Traylor v. State, Court of Appeals No. 63A04-0309-CR-466, which was filed on September 7th, and provides very nicely-done defense arguments about many aspects of Blakely in Indiana. (It's a pity that Indiana appellate online docket system requires that one go through its menu and perform a search. It would be a much more useful and friendly site if one could just link to a specific case's docket.). The brief is here in PDF format in a file of about 300kb. I will try to reaquire the Word version, which I had and apparently discarded after converting it to PDF. [ADDED:] The Word version of the file is here. If the link to the PDF file no longer works, I have taken the file down.[:ADDED]
The arguments are not only nicely done, I think they are correct. I should disclose that I spoke with Stacy about some of the arguments she makes (better than I would have), so my opinion about their correctness should be unremarkable for that reason alone.
As I write, the first hour of argument in Booker and Fanfan is ending.
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