Michigan Supreme Court finds ways to keep dodging Blakely

I have been remiss in not previously noting two major Michigan Supreme Court rulings on Blakely from late last week (with thanks a number of readers for the head’s up).  Here are cites/links to the two big rulings:

• People v. McCuller, No. 128161 (Mich. July 26, 2007) (available here)
• People v. Harper, No. 130988 (Mich. July 26, 2007) (available here)

As one reader noted to me, “each runs over 80 pages, including dissenting opinion.”  A quick scan lead me to the conclusion that a majority of the Michigan Supreme Court (like many justices on other state supreme courts) remain eager to keep Blakely from upsetting the current state sentencing apple cart.  It remains to be seen whether federal judges considering these matters in habeas cases will share this instinct.

I highly encourage readers with knowledge of Michigan law and practice to help me understand who is getting the best of the arguments in these cases.