Seay v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Garry Seay seeks post-conviction relief from a trial court’s determination that he was a habitual criminal. His claim arises under Article I, § 19, of the Indiana Constitution: “In all criminal cases whatever, the jury shall have the right to determine the law and the facts.”

Background

In a bifurcated proceeding, Seay was convicted of two counts of dealing in drugs and then found to be a habitual offender. 1 During the habitual offender phase, the court instructed the jury that it was the judge only of the facts, and that it was restricted to…