Ohio State Journal of Criminal Law
The Supreme Court's decision in Blakely v. Washington' has produced some changes in sentencing law and practice in Minnesota, but after two years the basic structure of the state's pioneering sentencing guidelines system remains intact. Blakely caused much initial concern and uncertainty, but the dire predictions2 of catastrophic change or major retreat from progressive sentencing policy have not been borne out. This article examines the ways in which critical policy choices made before and after Blakely helped to preserve the most important features of the Guidelines. Part I shows how the design, implementation, and pre-Blakely evolution of the Guidelines served to limit Blakely's impact. Parts II and III then tell the story of successive responses to Blakely by the Sentencing Guidelines Commission, appellate courts, the Legislature, and the Criminal Rules advisory committee.
Richard Frase, Blakely in Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, 4 Ohio St. J. Crim. L. 73 (2006), available at http://scholarship.law.umn.edu/faculty_articles/459.