It's been two months since my last post, and tomorrow is a sort of big Blakely day for Indiana. Back in June, Smylie filed a cert. petition on the question of Blakely's applicability to consecutive sentences in Indiana. The State then actually waived its right to respond--as opposed to the usual notice, I believe, that it would respond, if asked. Then, lo and behold, the Supreme Court ordered Indiana to respond by tomorrow. Here's the Supreme Court docket sheet; and I'll try to get it into the sidebar when I update that.
I don't know that it means much, but somebody in Washington seems interested in Smylie, Blakely, and consecutive sentencing.
I think I've recovered from my disgust at the California Supreme Court doing a Gomez. It's taken a while. And some interesting things have happened in the meantime. Lot's to talk about.
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