Comments on: Oregon v. Ice update http://briefcase8.com/2009/07/16/oregon-v-ice-update/ Case analysis with an attitude Fri, 10 Feb 2012 12:47:45 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Greg Helms http://briefcase8.com/2009/07/16/oregon-v-ice-update/comment-page-1/#comment-61662 Greg Helms Mon, 27 Jul 2009 11:17:48 +0000 http://briefcase8.com/?p=1790#comment-61662 Well, it was a victory insofar as those defnendants who appealed had their sentences reversed. Of course the aftermath was a disaster for them. Well, it was a victory insofar as those defnendants who appealed had their sentences reversed. Of course the aftermath was a disaster for them.

]]> By: Russ Bensing http://briefcase8.com/2009/07/16/oregon-v-ice-update/comment-page-1/#comment-61585 Russ Bensing Fri, 24 Jul 2009 15:18:59 +0000 http://briefcase8.com/?p=1790#comment-61585 Pyhrric victory? It wasn't a victory at all; it was the single worst decision for criminal defendants that the Ohio Supreme Court has ever handed down. I don't think the point is even arguable. Pyhrric victory? It wasn’t a victory at all; it was the single worst decision for criminal defendants that the Ohio Supreme Court has ever handed down. I don’t think the point is even arguable.

]]> By: Greg Helms http://briefcase8.com/2009/07/16/oregon-v-ice-update/comment-page-1/#comment-61314 Greg Helms Fri, 17 Jul 2009 13:39:09 +0000 http://briefcase8.com/?p=1790#comment-61314 And it's precisely why I didn't quite understand why so many defendants were raising Blakely challennges back in 2004 and 2005. As the Court noted in Payne, Foster represented a Pyhrric victory for defendants. And it’s precisely why I didn’t quite understand why so many defendants were raising Blakely challennges back in 2004 and 2005. As the Court noted in Payne, Foster represented a Pyhrric victory for defendants.

]]> By: Russ Bensing http://briefcase8.com/2009/07/16/oregon-v-ice-update/comment-page-1/#comment-61311 Russ Bensing Fri, 17 Jul 2009 11:37:42 +0000 http://briefcase8.com/?p=1790#comment-61311 Judge: Don't see you doing anything differently. As I said, yours was the most comprehensive analysis of Ice and Foster, but the final decision is the Supreme Court's. Jeff: Yeah, I noticed that, too. On the other hand, who could've predicted that would happen? Besides everybody, I mean. Judge: Don’t see you doing anything differently. As I said, yours was the most comprehensive analysis of Ice and Foster, but the final decision is the Supreme Court’s.

Jeff: Yeah, I noticed that, too. On the other hand, who could’ve predicted that would happen? Besides everybody, I mean.

]]> By: Jeff Gamso http://briefcase8.com/2009/07/16/oregon-v-ice-update/comment-page-1/#comment-61287 Jeff Gamso Thu, 16 Jul 2009 16:16:28 +0000 http://briefcase8.com/?p=1790#comment-61287 What I find particularly interesting (and what I wrote about today, with a tip to you, Russ) is that it's Lanzinger who's busy complaining about the results of the unbridled discretion that judges have after she wrote the opinion in Foster granting them that discretion. What I find particularly interesting (and what I wrote about today, with a tip to you, Russ) is that it’s Lanzinger who’s busy complaining about the results of the unbridled discretion that judges have after she wrote the opinion in Foster granting them that discretion.

]]> By: Judge JohnConnor http://briefcase8.com/2009/07/16/oregon-v-ice-update/comment-page-1/#comment-61285 Judge JohnConnor Thu, 16 Jul 2009 15:34:23 +0000 http://briefcase8.com/?p=1790#comment-61285 As the author of Mickens,I totally agree with your analysis of the effect of Ice on Foster.However being a trial Judge for 16 plus years in the court of common pleas general division,and having just taken the appellate bench on Feb 9th, Iwas reluctant to go any further being the new kid on the block so to speak.but believe me i considered it .I doubt ,however, that I would have been able to obtain agreement of the other 2 Judges on the case and I was conditoned as a trial judge not to go there anyway As the author of Mickens,I totally agree with your analysis of the effect of Ice on Foster.However being a trial Judge for 16 plus years in the court of common pleas general division,and having just taken the appellate bench on Feb 9th, Iwas reluctant to go any further being the new kid on the block so to speak.but believe me i considered it .I doubt ,however, that I would have been able to obtain agreement of the other 2 Judges on the case and I was conditoned as a trial judge not to go there anyway

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