section 35-50-2-9(c) circumstances (Indiana) · Go Syfert
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section 35-50-2-9(c) circumstances in Indiana

7 Indiana opinions name it 1 courts 1996–2005 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Evans v. Stategreen
ind · 1992 · cited in 3 Indiana opinions naming this issue, 1997–1998
2 sentences

1998Because of his citation to Evans v. State , 598 N.E.2d 516 (Ind. 1992), we understand the defendant also to argue that the trial court should have considered the defendant’s mental condition as a mitigating circumstance pursuant to Indiana Code Section 35-50-2-9(c)(8) (“Any other circumstances appropriate for consideration.”).

1997Because of his citation to Evans v. State, 598 N.E.2d 516 (Ind.1992), we understand the defendant also to argue that the trial court should have considered the defendant’s mental condition as a mitigating circumstance pursuant to Indiana Code Section 35-50-2-9(c)(8) (“Any other circumstances appropriate for consideration.”).

13
Graves v. Stategreen
ind · 2005 · cited in 1 Indiana opinions naming this issue, 2005–2005
1 sentence

2005Because Baird challenges the performance of his post-conviction attorney, his claims are subject to Graves v. State, 823 N.E.2d 1193, 1195-97 (Ind.2005).

11
Harrison v. Stategreen
ind · 1995 · cited in 1 Indiana opinions naming this issue, 2003–2003
2 sentences

2003Cf. Harrison, 659 N.E.2d at 483 n. 7; Id. at 483-84 (DeBruler, J., dissenting).

2003Cf. Harrison, 659 N.E.2d at 483 n. 7; Id. at 483-84 (DeBruler, J., dissenting).

11
Baird v. Stategreen
ind · 1992 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997Defendant cites to Baird v. State, 604 N.E.2d 1170, 1182 (Ind.1992); Evans v. State, 598 N.E.2d 516, 518 (Ind.1992); and Johnson v. State, 584 N.E.2d 1092, 1101 (Ind.1992) to support his argument that we have previously found the existence of mitigating circumstances where the trial court did not.

11
Johnson v. Stategreen
ind · 1992 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997Defendant cites to Baird v. State, 604 N.E.2d 1170, 1182 (Ind.1992); Evans v. State, 598 N.E.2d 516, 518 (Ind.1992); and Johnson v. State, 584 N.E.2d 1092, 1101 (Ind.1992) to support his argument that we have previously found the existence of mitigating circumstances where the trial court did not.

11
Conner v. Stategreen
ind · 1991 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996See Conner v. State, 580 N.E.2d 214, 222 (Ind.1991) (DeBruler, J., concurring in result).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Arthur P. Baird, II v. Cecil Davis, Superintendent green
ca7 · 2004
1 sentence

2005The majority view of that court also called Baird's claim that we had overlooked the relevant mitigating circumstance in Indiana Code § 35-50-2-9(c)(6) as having no merit. 388 F.3d at 1117 .

12005–2005
Saylor v. State green
ind · 1997
1 sentence

2004After discussing each circumstance in detail, the court expressly found that "none of the mitigating circumstances in I.C. § 35-50-2-9 were proven or established in this case." Saylor, 686 N.E.2d at 85 .

12004–2004

Statutes the citing opinions construe

IN § Ind. Code § 35-50-2-9 (7) IN § Ind. Code § 35-42-1-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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