New Jersey’s view of Smylie and Shepard
March 21, 2005
As detailed here and here, last week the New Jersey Supreme Court heard arguments on three major Blakely cases. Following the arguments, the state sent the NJ Supreme Court two follow-up letters, which can be downloaded below, concerning the meaning and impact of the Indiana Supreme Court’s decision in Smylie (basics here, commentary here and here and here), and the US Supreme Court’s decision in Shepard (basics here, commentary here and here and here).
These follow-up letters are interesting not only for the accounts they give of Smylie and Shepard but also as another example of how differently the Supreme Court’s rulings in Blakely and Booker can be understood and characterized.