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A Ohio judicial plea urging the Ohio legislature to fix post-Blakely mess

By Douglas A. Berman

As detailed in this official press release and this local news report, a "134-year prison sentence for a man who tied up four people while ransacking their German Village-area homes does not violate the U.S. constitutional ban on cruel and unusual punishment, the Ohio Supreme Court ruled this morning."  This ruling in State v. Hairston, No. 2008-Ohio-2338 (Ohio May 21, 2008) (available here), is hardly surprising nor especially notable but for some interesting dicta arising in a high-profile local case. The first bit of notable dicta comes at the end of the majority opinion, where the court issues this general call for what might be called sentencing civility: "When imposing sentence, courts must be faithful to the law, not be swayed by public clamor, media attention, fear of criticism, or partisan interest, and be mindful of the obligation to treat litigants and lawyers with dignity and courtesy...continue to full post

Full post as published by Sentencing Law and Policy on May 21, 2008 (boomark / email).