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Effect of Blakely in Ohio: Doug Berman at Sentencing Law and Policy posted on the Ohio Supreme Court's decision in State v. Hairston, No. 2008-Ohio-2338 (Ohio May 21, 2008). The decision upheld a 134 year prison sentence for a man who tied up four people while ransacking their homes. The decision held that the sentence did not violate "the U.S. constitutional ban on cruel and unusual punishment." Berman posted on the decision because of the dicta in the case calls for a reform to the sentencing laws Ohio had implemented in the wake of the U.S. Supreme Court's decision in Blakely v. Washington. Of particular interest, is the concurring opinion of Judge Lanzinger, who writes: "When a defendant is convicted of multiple offenses, the community may now expect maximum and consecutive prison terms as the default sentence...continue to full post

Full post as published by Crime and Consequences on May 21, 2008 (boomark / email).