Smylie v. State

“n12 We also note that Blakely has created such controversy that the so-called owner of the "Blakely Blog," Professor Douglas A. Berman, of Moritz College of Law at The Ohio State University, has stopped tracking state cases related to Blakely because of the overwhelming number and diversity of the holdings. Douglas A. Berman, In re State Blakely Interpretations, (Dec. 9, 2004) at http://sentencing.typepad.com. That so many states are wrestling with the meaning of Blakely is further evidence of its unpredictability and a further indication that reasonable lawyers would not have known of the outcome.”
Smylie v. State, 823 N.E.2d 679, 687 (Ind. 2005)

   

   

Notes: 1) The blog post referred to in the case, "In re State Blakely Interpretations," is at the following URL: http://sentencing.typepad.com/
sentencing_law_and_policy/2004/12/recent_state_de.html. 

2) The reference in Smylie to the Blakely Blog is erroneous. The Blakely Blog was authored by Jason Hernandez when he was a third-year law student at Columbia. The blog is now inactive, but still online at http://www.blakelyblog.
blogspot.com. I included it in my taxonomy as an example of a Case Blog.    

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