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August 21, 2004
Blakely Fallout
For those of you who are non-lawyers, Blakely v. Washington is a US Supreme Court case holding that a defendant has a right to have sentencing factors used to enhance a sentence above the presumptive or "ordinary" range proven to a jury beyond a reasonable doubt. The case is important for defendants in criminal cases for many reasons, and gives a much needed boost to a defendant's negotiating power.
While the 9th Circuit in Ameline has found that Blakely applies to the United States Sentencing Guidelines, whether Blakely applies to the California state sentencing scheme has yet to be decided. State courts are uneven in their attitude toward Blakely, some judges requesting a "Blakely waiver" as part of every plea, and others ignoring the issue. One thing is certain: defense counsel must continue to raise the issue by timely objection, and to creatively expand application of the rule.
Posted by Tim Warriner at 10:45 AM