Sentencing – ‘Blakely’; Retroactivity 

Posted: 12:00 am Mon, August 30, 2010
By admin
Tags: Sentencing

Where a defendant argued for application to his case of the U.S. Supreme Court decision in Blakely v. Washington, which held that an upward departure from a maximum statutory sentence is unconstitutional under a guideline sentencing system unless a jury finds the underlying facts or a defendant admits such facts, the Minnesota Court of Appeals ...