Kincaid v. State

SULLIVAN, Justice.

Joseph Kincaid was convicted of two counts of battery, both Class B felonies, for fracturing the skull of and causing other serious injuries to his infant son. He was sentenced to 20 years in prison, the maximum sentence. 1 Kincaid v. State, 831 N.E.2d 288, slip op. at 6 (Ind.Ct.App., June 21, 2005). His appeal raised multiple issues, including a claim that his sentence violated Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), a case decided by the Supreme Court two weeks before Kineaid's sentencing hearing. Kincaid, slip op. at 19-21. 2 The Court…