Carmichael v. State

[¶ 1] In this consolidated appeal, Stephen Carmichael and Everett M. Ashby contend that the Superior Court (Somerset and Cumberland Counties, Mills, J. and Wheeler, J.) erred in dismissing their petitions for post-conviction review. Based upon the United States Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and our decision in State v. Schofield, 2005 ME 82, 895 A.2d 927, the petitioners claim that their sentences violate the Sixth Amendment. The petitioners contend that Blakely and Schofield newly recognized constitutional rights that…