Legal Opinion
Trusley v. State
Indiana Supreme Court
Decided June 17, 2005No. 41S01-0506-CR-282PublishedCited by 47 opinions
1Opinion of the Court
ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 41A01-0408-CR-109.
SHEPARD, Chief Justice.
Appellant Kelli Jo Trusley received an enhanced sentence for reckless homicide. Her appeal requires us to consider whether various aggravators used to enhance the sentence were proper under Blakely wv. Washington.
We conclude that three of the aggravating cireumstances the court found were improper under Blakely. Two were proper based on admissions during the sentencing hearing. Considering the weight of these two as against the mitigating factors, we conclude that the enhanced sentence…
2Cases cited6 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Shepard v. United StatesSupreme Court of the United States · 2005
- Morgan v. StateIndiana Supreme Court · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Davis v. StateIndiana Court of Appeals · 2005
- Wilkes v. StateIndiana Supreme Court · 2009
- Gutermuth v. StateIndiana Supreme Court · 2007
- Robertson v. StateIndiana Supreme Court · 2007
- White v. StateIndiana Court of Appeals · 2006
42 more not listed; retrieve them via the Exa API.