Second Blakely Factor News Today

Wright. the passenger and the officers were not injured by that shot. the case by the state in its brief did not support its position. in fact, they illustrate why this case does not involve a greater than normal danger to others. in the fleming case, he fired a gun six times in a park filled with children. in state versus omaha, defendant fired numerous shots into two apartment buildings. there is no comparison here. the state also did not meet its burden of proof on the second blakely factor. ...

Were not injured by that shot. the cases cited by the state in its brief did not support its position. in fact, they illustrate why this case does not involve a greater-than-normal danger to others. in the fleming case, he fired a gun six times in a park filled with children. in state versus omaha, defendant fired numerous shots into two apartment buildings. there is no comparison here. the state also did not meet its burden of proof on a second blakely factor. contrary to the states claims, kim...