Legal Question in Criminal Law in Minnesota

Re: If a judge upward the sentence to double, what can an inmate do?

Under U.S. v. Blakely, it was determined that for any upward depareture, where the facts for an upward departure were not admitted, a jury must make the determination.

However, most legal scholars do not believe that this ruling is retroactive or that it will halp those already sentenced since it is essentially new law.

To proceed, a Habeus Corpus Petition must be filed.

Re: If a judge upward the sentence to double, what can an inmate do?

Under the United States Supreme Court's recent Blakely decision, facts used to increase a sentence generally must be proved, either by the defendant admitting them during a plea hearing, or by jury verdict. I think your friend in prison in Minnesota would be well advised to seek legal help to determine whether he has a good issues for litigation, including whether the Blakely decision will be ruled retroactive to the date of his sentencing. Most legal commentators believe that the Blakely decision will be retroactive to some extent, perhaps to the date of a related U.S. Supreme Court case called Apprendi. But no one really knows yet how much retroactive effect the Blakely case will be given by the courts.

He would have a right to be his own lawyer, or act as attorney pro se -- but that is generally a bad idea, for several reasons. If he is in prison, he likely has no money for a private lawyer. The Minnesota State Public Defender's Office is likely working on numerous appeals with this issue. I would think your friend would want to contact them for advice and help in raising the issue.