Arias v. Hudson, No. 08-4513

An order conditionally granting habeas relief to a defendant convicted of rape and related crimes and sentenced to an indeterminate sentence with a minimum term of thirty years and a maximum term of life is reversed as the sentence does not violate Blakely because the judicial fact-finding at issue merely increased his minimum sentence without affecting his maximum term of imprisonment, and thus, defendant's sentence does not violate the Sixth Amendment.   

Read Arias v. Hudson, No. 08-4513

Appellate Information

Argued: October 6, 2009

Decided and Filed: December 16, 2009

Judges

Opinion by Circuit Judge Sutton

Counsel

For Appellant:   Thelma T. Price, Office of the Ohio Attorney General

For Appellee:    Kristopher A. Haines, Ohio's Public Defender's Office