Legal Opinion · Dissent

Glasco v. State

Indiana Court of Appeals

Decided February 6, 2004No. 49A05-0306-PC-264Published

1DissentSullivan, Judge

The Ross decision itself was a retroactive application of its holding to the enhancement of Ross's offense from a Class A misdemeanor to a Class C felony and to the further enhancement pursuant to the general habitual offender statute. That holding invalidated the multiple enhancements relying upon the reasoning and analysis utilized in Freeman v. State, 658 *976N.E.2d 68 (Ind.1995). Quite clearly, our Supreme Court in Ross unanimously felt that the result was the product of the Freeman decision. My reading of Ross, therefore, leads me to the unmistakable conclusion that the decision was…

2Cases cited9 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Bousley v. United StatesSupreme Court of the United States · 1998
  3. Bailey v. United StatesSupreme Court of the United States · 1995
  4. Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994
  5. Yellow Freight System, Inc. v. DonnellySupreme Court of the United States · 1990

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