Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Tennessee Supreme Court turns back Blakely challenges to consecutive sentencing

By Douglas A. Berman

The Tennessee Supreme Court today in State v. Allen (Tenn. June 24, 2008) (available here), turns back two defendants' argument that Apprendi and Blakely limit judicial fact-finding to support the imposition of consecutive sentences.  Here is a key paragraph at the start of the Court's analysis:In Defendant Lumpkin?s case, the trial court ordered partial consecutive service after finding Lumpkin to be a ?dangerous offender.? See Tenn. Code Ann. § 40-35-115(b)(4). In Defendant Allen?s case, the trial court ordered partial consecutive service after finding Allen to be ?an offender whose record of criminal activity is extensive? and a ?dangerous offender.?  Id. § 40-35-115(b)(2), (4).  Both Defendants argue that the imposition of consecutive sentences on the basis of these judicially-determined facts violates their federal constitutional rights as explicated in Apprendi and Blakely...continue to full post

Full post as published by Sentencing Law and Policy on June 24, 2008 (boomark / email).