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Interesting Blakely perspectives

December 24, 2004

Two interesting newspapers stories this morning on the Blakely beat provide details about both the system-wide and case-specific impact of the decision:

  • This article from Alaska provides a system-wide perspective on Blakely.  It quotes a state public defender who explains, within a story about increased December state caseloads, that his office has been “appointed to represent 75 people in a sort of post-conviction review regarding the legality of sentence under the Blakely.”  This article reinforces a point spotlighted here that the administrative burdens created by Blakely are consequential wholly apart from the decision’s substantive impact on sentencing laws and outcomes.
  • This article from New York provides a case-specific perspective on Blakely. The piece details the federal sentencing of a father and son for their roles in directing a massive asbestos cleanup scam.  The long sentences (19 years for the father, 25 years for the son) and the case’s interesting facts make the story a fascinating read.  The article notes that the defendants’ sentences were increased considerably based on judicial fact-finding and that Blakely will be a chief issue raised on appeal.