Portions of Ohio’s felony sentencing statutes were found to violate the Sixth Amendment in the manner set forth by Apprendi v New Jersey (2000), and unconstitutional by the Ohio Supreme Court today, with a “severance remedy” similar to that adopted in United States v. Booker(2005) applied.
[ State v. Foster, February 27, 2006]
“Ohio’s felony sentencing structure may be severely wounded,” the Court said, “but it is not fatally unsound. Our holdings are limited to areas where the statutes are Blakely-deficient…(and) after examining Ohio’s felony sentencing statutes, we determine that severance of the Blakely-offending portions (appropriate).
The Court’s application of its “Booker remedy” begins on Page 36 of the 46-page decision.
The case is briefed on our website.
Apprendi v. New Jersey, 530 U.S. 466 (2000)
Blakely v. Washington, 542 U.S. 296 (2004)
U.S. v. Booker/Fanfan, 543 U.S. 420 (2005)
· Ohio Sentencing Commission