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Tuesday, January 10, 2006

Ind. Decisions - Court of Appeals posts two criminal rulings

In Thomas Tracy v. State of Indiana, Judge Vaidik writes:

We grant rehearing in this case for the limited purpose of clarifying our original opinion in light of the Indiana Supreme Court’s recent opinion in Kincaid v. State, 837 N.E.2d 1008 (Ind. 2005). In all other respects, we affirm our original opinion. * * *

Tracy filed his initial brief on May 23, 2005. And in his brief, Tracy made a specific Blakely claim. Pursuant to Kincaid, Tracy did not forfeit his Blakely claim and is entitled to have it reviewed on the merits. Although we held in our original opinion that Tracy forfeited his Blakely claim, we went on to address the merits and concluded that the trial court did not err in enhancing his sentences based on his prior felony convictions. Subject to the clarification that Tracy did not forfeit his Blakely claim, we affirm our original opinion in all other respects.

In David Wayne Mills v. State of Indiana Judge Sharpnack concludes:
In summary, we conclude that Mills was on parole from the burglary sentence at the time that he committed several violations. The trial court properly denied Mills’s petition for writ of habeas corpus. See, e.g., Hannis, 816 N.E.2d at 880 (holding that the trial court properly denied the petition for writ of habeas corpus); Parker, 822 N.E.2d at 288 (holding that the trial court properly denied the petition for writ of habeas corpus). For the foregoing reasons, we affirm the trial court’s denial of Mills’s petition for writ of habeas corpus.

Posted by Marcia Oddi on January 10, 2006 01:15 PM
Posted to Ind. App.Ct. Decisions