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Ohio Supreme Court blesses retoractive application of its response to Blakely

By Douglas A. Berman

As detailed  this official summary, the "Ohio Supreme Court on Tuesday upheld the constitutionality of a criminal sentencing decision it made in 2006, rebuffing the claims of a defendant who argued the ruling violated his rights to a jury trial and due process."  The full ruling in Ohio v. Elmore, No. 2009-Ohio-3478 (Ohio July 28, 2009), is available at this link, and here is how the official summary starts: The Supreme Court of Ohio ruled today that the resentencing of criminal offenders pursuant to the Court?s February 27, 2006  decision in State v. Foster for crimes committed before that date does not violate offenders? Sixth Amendment right to a jury trial or their rights under the Ex Post Facto or Due Process clauses of the U.S. Constitution...continue to full post

Full post as published by Sentencing Law and Policy on July 28, 2009 (boomark / email).