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CARMICHAEL v. STATE

927 A.2d 1172 (2007)

2007 ME 86

Stephen CARMICHAEL v. STATE of Maine and Everett M. Ashby v. State of Maine.

Supreme Judicial Court of Maine.

Decided: July 12, 2007.

Attorney(s) appearing for the Case

Sarah L. Glynn, Esq. (orally), Daniel J. Eichorn, Esq., Oxford Hills Law, South Paris, for petitioners.

G. Steven Rowe, Attorney General, Donald W. Macomber, Asst. Atty. Gen. (orally), Augusta, for State.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, CALKINS, LEVY, SILVER, and MEAD, JJ.

SILVER, J.

[¶ 1] In this consolidated appeal, Stephen Carmichael and Everett M. Ashby contend that the Superior Court (Somerset and Cumberland Counties, Mills, J. and Wheeler, J.) erred in dismissing their petitions for post-conviction review. Based upon the United States Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and our decision in State v....

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