Wednesday, December 14, 2005
Ind. Decision - Supreme Court issues two sentencing decisions
The Supreme Court has issued two decisions dealing with sentencing, both affirming the Court of Appeals rulings. They are: Kenna D. Ryle v. State and LaMar Williams v. State. Chief Justice Shepard's opinion in Ryle begins:
When the trial court ordered an enhanced sentence for appellant Kenna D. Ryle’s manslaughter conviction, it cited his four juvenile adjudications and the fact that he was on probation when he committed the crime. Our analysis of Apprendi v. New Jersey leads us to conclude that these factors are proper sentencing considerations for a trial judge and need not be submitted to a jury.In Williams, CJ Shepard writes:
Appellant LaMar Williams struggled with Indianapolis Police Department officers during an investigatory stop and then fled in his vehicle. A jury found Williams guilty on four of the State’s five charges. The trial court found four aggravating factors and two mitigating factors and enhanced Williams’ sentence on one of the counts. Williams appealed on Sixth Amendment grounds, citing Blakely v. Washington, 542 U.S. 296 (2004). We affirm. * * *
Williams’ prior adult conviction and juvenile adjudication were adequate to support the relatively modest enhancements imposed. We therefore affirm.
Posted by Marcia Oddi on December 14, 2005 10:33 AM
Posted to Ind. Sup.Ct. Decisions