Blakely Error

A Blakely Error occurs when the judge uses a fact that has not been proven to the jury or admitted by the defendant (other than the fact of past convictions) when imposing a sentence that is more severe than the permissible statutory maximum sentence. When a Blakely Error occurs, the court has violated the Defendant's Sixth Amendment (Right to a speedy trial by an impartial jury) and Fourteenth Amendment (due process rights) rights. The term “Blakely Error” comes from the U.S. Supreme Court case entitled: Blakely v. Washington (2004) 524 U.S. 296.

See also, Sixth Amendment, Fourteenth Amendment.

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