I heard today that Judge Magnus-Stinson of Marion County has recently presided over a real, live, Indiana, non-capital sentencing jury--apparently without objection from the defense. Recall that Judge Magnus-Stinson gave the Blakely presentation at the Judicial Conference at the end of September and that that presentation, as reflected by the materials handed out (posted here), contemplated the use of sentencing juries, despite the lack of any statutory authority for such creatures.
Assuming the report is true, I wonder if this was an Indiana first.
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