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Thursday, July 12, 2007
Ind. Decisions - "Belated Appeals and Blakely (or is it Apprendi?) Retroactivity"
Michael Limrick, a frequent commentator on Indiana sentencing law issues, has written the lengthy lead article for the upcoming JulyAugust issue of Res Gestae. Here is the introduction:
In Gutermuth v. State and its companion cases, the Indiana Supreme Court disposed of several cases that all asked the same question: does the United States Supreme Court’s 2004 holding in Blakely v. Washington apply to “belated appeals” of sentences imposed before Blakely was announced?The Court said no, based on: (1) its determination that “belated appeals” are neither on “direct review” nor cases that are “not yet final” under federal principles of retroactivity; (2) its 2005 holding in Smylie v. State that Blakely, and not its predecessor Apprendi v. New Jersey, was a new rule of criminal procedure; and (3) its assumption that Blakely does not apply to cases on collateral review.
This article discusses these issues and suggests that the Court’s analysis in Gutermuth and its companions may ultimately be incorrect.
Posted by Marcia Oddi on July 12, 2007 11:59 AM
Posted to Ind. Sup.Ct. Decisions