Huge Blakely day in North Carolina

Of course, news of Justice O’Connor’s retirement makes this a big day in DC.  But, I have received word that, for Blakely fans, today is also a huge day in NC.  That is because, apparently within the span of just 24 hours, North Carolina (1) had its Governor sign a Blakely fix bill, H822, that provides for jury determination of aggravating factors, and (2) had its state Supreme Court issue a set of major Blakely rulings, which apply Blakely to the state’s sentencing system and hold that Blakely error is structural and cannot be harmless.  Wow!

Though these events involve more details that I can summarize, I can provide the highlights and links.  The major Blakely ruling from the North Carolina Supreme Court comes in State v. Allen, No. 485PA04 (N.C. July 1, 2005) (available here). And if you have not had enough Blakely fun in Allen‘s 76 pages, that Court also has some Blakely-related discussion in State v. Speight, No. 491PA04 (N.C. July 1, 2005) (available here) and in State v. Beck, No. 191PA04 (N.C. July 1, 2005) (available here).

Meanwhile, as detailed here, on Thursday North Carolina’s Governor signed the state’s Blakely fix bill, which is entitled “An Act to Amend State Law Regarding the Determination of Aggravating Factors in a Criminal Case to Conform with The United States Supreme Court Decision in Blakely V. Washington.” Here is how the new law, which is available here, was described to me in an e-mail:

The bill, H822, calls for a jury determination of all aggravating factors.  The determination takes place simultaneously with the jury verdict on guilt innocence of the basic offense, unless a judge bifurcates on the defendant’s request “if the  interests of justice require.”

The State must give 30 days written notice to the defense of intent to seek an aggravated range sentence.  “Statutory ags” need not be listed in the indictment, but ags that are not spelled out in the sentencing statute must be pled in the indictment.