Legal Opinion

Carson v. State

Indiana Court of Appeals

Decided August 20, 2004No. 49A04-0310-CR-494PublishedCited by 23 opinions

1Opinion of the Court

OPINION ON REHEARING

VAIDIK, Judge.

Jason Carson petitions for rehearing on Carson v. State, No. 49A04-0310-CR-00494, 811 N.E.2d 498 (Ind.Ct. App. June 11, 2004) (unpublished memorandum opinion). In that opinion, we affirmed Carson's conviction for Battery as a Class C felony, holding that the State presented sufficient evidence to disprove Carson's claim that he was acting in self-defense; Carson's sentence was not at issue. Now Carson asks this Court to find-pursuant to the recently-decided Blakely v. Washington, - U.S. --, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004)-that his sentence violates his…

2Cases cited3 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Powell v. StateIndiana Supreme Court · 2002

3Cited by23 opinions

  1. Traylor v. StateIndiana Court of Appeals · 2004
  2. Pennington v. StateIndiana Court of Appeals · 2005
  3. Waldon v. StateIndiana Court of Appeals · 2005
  4. Lampitok v. StateIndiana Court of Appeals · 2004
  5. Ryle v. StateIndiana Court of Appeals · 2004

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