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Notable and insightful Blakely habeas ruling from the Sixth Circuit

By Douglas A. Berman

The Sixth Circuit has an effective little panel decision today in a habeas case concerning the application of Blakely to Ohio sentencing law.  The ruling in Arias v. Hudson, No. 08-4513 (6th Cir. Dec. 16, 2009)  (available here), has many notable aspects, and here is how the opinion starts and concludes: The warden appeals an order conditionally granting habeas corpus to Manuel Arias on the ground that his sentence violates Blakely v. Washington, 542 U.S. 296 (2004).  Arias?s sentence does not violate Blakely, however, because the judicial fact-finding at issue merely increased his minimum sentence.  We accordingly reverse. The continuing vitality of McMillan and Harris may be put to the test in a pending case at the Supreme Court. See United States v...continue to full post

Full post as published by Sentencing Law and Policy on December 16, 2009 (boomark / email).