Ohio AG response to reconsideration motion in Foster

State Blakely fans may recall that, after the Ohio Supreme Court in Foster found Blakely applicable to Ohio’s structured sentencing system and adopted a Booker-type remedy (basics here), the Foster defendants and a supporting amicus filed for reconsideration in the Ohio Supreme Court claiming that the retroactive application of the remedy was unconstitutional.  (All the details are here.)  Today, the Ohio Attorney General filed a potent amicus brief with the Ohio Supreme Court explaining why it believes the motion for reconsideration is all washed up.  You can download this brief here:

Download foster_memorandum_amicus_curiae_opposing_motion_for_reconsideration.pdf

Recent posts on Foster:

• Ohio applies Blakely and the Booker remedy!
• What is exactly the Blakely remedy in Ohio?
• Who wins from a Booker remedy? It depends.
• A prosecutor’s view on Foster
• A sentencing judge’s view on Foster
• Fascinating Foster follow-up on Ohio sentencing reforms
• Ohio defenders seek reconsideration of Foster‘s retroactive application