Tuesday, March 01, 2005

Indiana Blakely List Update

I have updated the list of Indiana's Blakely cases on the sidebar. The Indiana Supreme Court has lots of Blakely decisions pending on transfer. Of special note only is an order issued yesterday in Wright that the court has taken the transfer petition under advisement pending the resolution of other (presumably Blakely) cases.

It looks like the Supreme Court has denied transfer in every case denying relief under Blakely. The court has transfer pending in every case granting relief under Blakely in which transfer was sought.

Holden seems to be a special case. That is the case in which the Court of Appeals (Judges Sullivan, May, and Vaidik) said that Blakely was "superficially applicable to a sentence greater than the presumptive," but denied any relief. The Supreme Court denied cross-petitions to transfer.

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