Joe Cleary, Smylie's lawyer, has kindly given me permission to make his transfer brief available (here in RTF format). Because it is a transfer brief and because it was filed on July 15th, when Blakely jurisprudence, especially in state courts, had not yet reached nearly full bloom, the arguments made are certainly not the end of the matter.
Regrettably, I still have not acquired any Blakely briefs filed by the State.
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