Smylie v. State

SHEPARD, Chief Justice.

Introduction

In this appeal and several similar cases, the defendants challenge the constitutionality of their sentences under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The U.S. Supreme Court's latest word on the constitutionality of sentencing schemes is just eight weeks old. United States v. Booker, -- U.S. --, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Attempting to take account of both Blakely and Booker, we hold today that portions of Indiana's sentencing scheme violate the Sixth Amendment's right to *682trial by jury, and that the new rule…