206 Indiana opinions name it 1 courts 2012–2025 6 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.
| Case | Followed | Cited |
|---|---|---|
Cardwell v. Stategreen2 sentences2025“Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014) (citing Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008)). 2024“Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014) (citing Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008)). | 66 | 183 |
Wendy Thompson v. State of Indianagreen2 sentences2025“Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in Court of Appeals of Indiana | Opinion 24A-CR-2608 | September 22, 2025 Page 11 of 15 a given case.” Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014). 2025“Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014) (citing Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008)). | 50 | 60 |
Sharp v. Stategreen2 sentences2018Additionally, “[u]nder Indiana law, several tools are available to the trial court to use in fashioning an appropriate sentence for a convicted offender.” Sharp v. State, 970 N.E.2d 647, 650 (Ind. 2012). 2016Additionally, “[u]nder Indiana law, several tools are available to the trial court to use in fashioning an appropriate sentence for a convicted offender.” Sharp v. State, 970 N.E.2d 647, 650 (Ind. 2012). | 7 | 7 |
Anglemyer v. Stategreen2 sentences2019Anglemyer v. State, 868 N.E.2d 482, 494 (Ind. 2007), clarified on reh’g 875 N.E.2d 218 (Ind. 2007). 2018Whether a sentence is inappropriate ultimately depends upon “the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008). [39] “‘[R]egarding the nature of the offense, the advisory sentence is the starting point the Legislature has selected as an appropriate sentence for the crime Court of Appeals of Indiana | Memorandum Decision 18A-CR-234 |December 21, 2018 Page 22 of 25 committed.’” Bowman v. State, 51 N.E.3d 1174, 1181 (Ind. 2016) (quoting Angl | 6 | 6 |
Andrew Conley v. State of Indianagreen2 sentences2024“Appellate Rule 7(B) analysis is not to determine whether another sentence is more appropriate but rather whether the sentence imposed is inappropriate.” Conley v. State, 972 N.E.2d 864, 876 (Ind. 2012) (internal quotation marks and citation omitted), reh’g denied. [15] When determining whether a sentence is inappropriate, we acknowledge that the advisory sentence “is the starting point the Legislature has selected as an Court of Appeals of Indiana | Opinion 24A-CR-760 | August 30, 2024 Page 7 of 10 appropriate sentence for the crime committed.” Childress, 848 N.E.2d at 1081 . 2013Our sentence review under Appellate Rule 7(B) “is not to determine whether another sentence is more appropriate but rather whether the sentence imposed is inappropriate.” Conley v. State, 972 N.E.2d 864, 876 (Ind. 2012) (internal quotation marks and citation omitted), reh’g denied. | 4 | 4 |
Kyle W. Dilts v. State of Indianagreen2 sentences2020Whether a sentence is inappropriate ultimately depends upon “the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Dilts, 80 N.E.3d at 188-89 . 2020Whether a sentence is inappropriate ultimately depends upon “the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Dilts, 80 N.E.3d at 188-89 . | 1 | 4 |
Schaaf v. Stategreen2 sentences2018“Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Id. [14] Colen argues that her character makes her sentence inappropriate. 2017“Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Schaaf v. State, 54 N.E.3d 1041, 1045 (Ind. Ct. App. 2016). | 1 | 2 |
Nicholas Pelissier v. State of Indianagreen1 sentence2020“Whether a sentence is Court of Appeals of Indiana | Memorandum Decision 19A-CR-1562 | January 17, 2020 Page 3 of 6 inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014). [5] In assessing the nature of an offense, “the advisory sentence is the starting point for determining the appropriateness of a sentence.” Pelissier v. State, 122 N.E.3d 983, 990 (Ind. Ct. App. 2019), trans. denied. | 1 | 1 |
Davidson v. Stategreen1 sentence2019In conducting our review, we may consider “all aspects of the penal consequences imposed by the trial court in sentencing, i.e., whether it consists of executed time, probation, suspension, home detention, or placement in community corrections, and whether the sentences run concurrently or consecutively.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). | 1 | 1 |
Ashley N. McFall v. State of Indianagreen2 sentences2019“Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” McFall v. State, 71 N.E.3d 383, 390 (Ind. Ct. App. 2017). 2019“In assessing whether a sentence is inappropriate, appellate courts may take into account whether a portion of the sentence is ordered suspended or is otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Id. | 1 | 1 |
Charles Stephenson v. State of Indianagreen1 sentence2019Deference to the trial court should prevail, “unless overcome by compelling evidence portraying in a positive light the nature of the offense (such as accompanied by restraint, regard, and lack of brutality) and the defendant’s character (such as substantial virtuous traits or Court of Appeals of Indiana | Memorandum Decision 19A-CR-717 | September 16, 2019 Page 4 of 7 persistent examples of good character).” Stephenson v. State, 29 N.E.3d 111, 122 (Ind. 2015). [8] Whether a sentence is inappropriate ultimately depends upon “the culpability of the defendant, the severity of the crime, the dama | 1 | 1 |
William Bowman v. State of Indianagreen1 sentence2018Whether a sentence is inappropriate ultimately depends upon “the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008). [39] “‘[R]egarding the nature of the offense, the advisory sentence is the starting point the Legislature has selected as an appropriate sentence for the crime Court of Appeals of Indiana | Memorandum Decision 18A-CR-234 |December 21, 2018 Page 22 of 25 committed.’” Bowman v. State, 51 N.E.3d 1174, 1181 (Ind. 2016) (quoting Angl | 1 | 1 |
In re Aguilargreen1 sentence2018Parks v. State, 22 N.E.3d 552, 555 (Ind. 2014). | 1 | 1 |
Anthony Scott Bratcher v. State of Indianagreen1 sentence2016Bratcher v. State, 999 N.E.2d 864, 870 (Ind. Ct. App. 2013), trans. denied. | 1 | 1 |
David J. Harman v. State of Indianagreen1 sentence2015Harman v. State, 4 N.E.3d 209, 219 (Ind. Ct. App. 2014), trans. denied. [38] At the time Garrett committed his crimes, the advisory sentence for a Class A felony was thirty years, the minimum sentence was twenty years, and the maximum sentence was fifty years. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Childress v. State
green
2 sentences2019Whether a sentence is inappropriate turns on “the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Cardwell, 895 N.E.2d at 1224 . [22] When determining whether a sentence is inappropriate, we acknowledge that the advisory sentence “is the starting point the Legislature has selected as an appropriate sentence for the crime committed.” Childress, 848 N.E.2d at 1081 . 2019Whether a sentence is inappropriate turns on “the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Cardwell, 895 N.E.2d at 1224 . [17] When determining whether a sentence is inappropriate, we acknowledge that the advisory sentence “is the starting point the Legislature has selected as an appropriate sentence for the crime committed.” Childress, 848 N.E.2d at 1081 . | 27 | 2012–2024 |
Anglemyer v. State
green
2 sentences2019Anglemyer v. State, 868 N.E.2d 482, 494 (Ind. 2007), clarified on reh’g 875 N.E.2d 218 (Ind. 2007). 2018Whether a sentence is inappropriate ultimately depends upon “the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008). [39] “‘[R]egarding the nature of the offense, the advisory sentence is the starting point the Legislature has selected as an appropriate sentence for the crime Court of Appeals of Indiana | Memorandum Decision 18A-CR-234 |December 21, 2018 Page 22 of 25 committed.’” Bowman v. State, 51 N.E.3d 1174, 1181 (Ind. 2016) (quoting Angl | 6 | 2013–2019 |
Beno v. State
green
2 sentences2017“Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014). [13] Walton asserts that running the sentences for the drug-related convictions arising from the search on May 11 (dealing in cocaine, conspiracy to commit dealing in cocaine, and maintaining a common nuisance) consecutive to the sentence for the earlier controlled buys is inappropriate under Beno v. State, 581 N.E.2d 922 (Ind. 2017Walton asserts that running the sentences for the drug-related convictions arising from the search on May 11 (dealing in cocaine, conspiracy to commit dealing in cocaine, and maintaining a common nuisance) consecutive to the sentence for the earlier controlled buys is inappropriate under Beno v. State, 581 N.E.2d 922 (Ind. 1991), and its progeny. | 1 | 2017–2017 |
Kho v. Pennington
green
1 sentence2017Whether a sentence is inappropriate ultimately turns on the “‘culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.’” Id. (quoting Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind. 2008)). [20] Here, Levy argues that he should have been sentenced to the advisory sentence for Level 4 felony possession of cocaine. | 1 | 2017–2017 |
Calvert v. State
green
1 sentence2013Whether a sentence is inappropriate ultimately turns on ‘“the culpability of the defendant, the severity of the crime, that damage done to others, and a myriad of other factors that come to light in a given case.’” Calvert, 930 N.E.2d at 643 (quoting Cardwell, 895 N.E.2d at 1224 ). 11 When determining whether a sentence is inappropriate, we acknowledge that the advisory sentence “is the starting point the Legislature has selected as an appropriate sentence for the crime committed.” Childress v. State, 848 N.E.2d 1073, 1081 . | 1 | 2013–2013 |
Ludy v. State
green
1 sentence2012Id. at 1224 . 3 Watson claims that this case is similar to Ludy v. State, 784 N.E.2d 459 (Ind. 2003). | 1 | 2012–2012 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.