Big Blakely retroactivity doings from Alaska

Continuing its amazing work as the Blakely frontier, today in Smart v. State, No. A-9025 (Alaska Ct. App. Oct. 27, 2006) (available here), the Alaska Court of Appeals issued an opinion regarding Blakely retroactivity.  Here’s a summary as reported to me by a helpful reader:

The court held that it was not bound by the federal Teague standard and was free to apply state retroactivity standards, and applying state retroactivity law found Blakely fully retroactive in a 97-page opinion (counting concurrences and dissents).  The state will likely seek discretionary review from the Alaska Supreme Court.

WOW!

UPDATE: I have now had a chance to give Smart a quick read, and the main opinion’s exegesis of Teague is especially impressive and its citation to wikipedia is especially amusing.  All the separate opinions are also great reads.