Kendall v. State

I respectfully dissent. First, our supreme court has established a liberal approach permitting defendants with Blakely claims, whose counsels otherwise would have waived those claims under prior Indiana legal precedent, opportunity to litigate their claims; and secondly, when Kendall’s counsel’s performance is compared to the diligent work of other attorneys representing clients similarly situated with arguable Blakely claims, it is apparent that Kendall’s counsel’s performance fell below prevailing professional norms. I would conclude that fairness requires we find Kendall’s appellate…