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Interesting split Sixth Circuit ruling on Blakely-based habeas action from Ohio

By Douglas A. Berman

Hard-core Blakely fans and/or hard-core habeas fans will want to be sure to check out today's work by a split Sixth Circuit today in Cvijetinovic v. Eberlin, No. 08-3629 (6th Cir. Aug. 23, 2010) (available here). Here is how the majority opinion in Cvijetinovic gets started: Warden Michelle Eberlin appeals the district court?s order conditionally granting Ohio prisoner Alexsandar Cvijetinovic?s petition for a writ of habeas corpus.  In the petition, Cvijetinovic claimed that his presumptive sentence was enhanced on the basis of judge-found facts, a practice forbidden by the Supreme Court?s decision in Blakely v. Washington, 542 U.S. 296 (2004).  Though it determined that Cvijetinovic?s Blakely claim was procedurally defaulted, the district court granted relief, holding that he had established cause and prejudice...continue to full post

Full post as published by Sentencing Law and Policy on August 23, 2010 (boomark / email).