Legal Opinion

Morgan v. State

Indiana Supreme Court

Decided June 15, 2005No. 20S04-0506-CR-277PublishedCited by 41 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

Lisa Morgan has appealed her sentence for dealing methamphetamine on a variety of grounds, including an adequately preserved claim under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 408 (2004). Her appeal produces three conclusions about post-Blakely sentencing under our then existing code: 1) aggrava-tors that may be found by a judge alone must still be weighed to determine whether they warrant sentence enhancement; 2) sentence enhancements may rest upon facts acknowledged by the defendant; and 3) observations a court makes about such factors may…

2Cases cited8 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. State v. HughesWashington Supreme Court · 2005
  5. Smylie v. StateIndiana Supreme Court · 2005

3 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Trusley v. StateIndiana Supreme Court · 2005
  2. Scott v. StateIndiana Court of Appeals · 2006
  3. Jose Guzman v. State of IndianaIndiana Court of Appeals · 2013
  4. Mask v. StateIndiana Supreme Court · 2005
  5. Rolando Miguel-Gaspar Mateo v. State of IndianaIndiana Court of Appeals · 2012

36 more not listed; retrieve them via the Exa API.

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