26 Indiana opinions name it 2 courts 1993–2020 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.
| Case | Followed | Cited |
|---|---|---|
Fugate v. Stategreen2 sentences2020A trial court is neither required to find the presence of mitigating factors, Fugate v. State, 608 N.E.2d 1370, 1374 (Ind. 1993), nor obligated to explain why it did not find a factor to be significantly mitigating. 2020A trial court is neither required to find the presence of mitigating factors, Fugate v. State, 608 N.E.2d 1370, 1374 (Ind. 1993), nor obligated to explain why it did not find a factor to be significantly mitigating. | 10 | 17 |
Sherwood v. Stategreen2 sentences2020Sherwood v. State, 749 N.E.2d 36, 38 (Ind. Court of Appeals of Indiana | Memorandum Decision 20A-CR-35 | May 29, 2020 Page 6 of 16 2001). 2020Sherwood v. State, 749 N.E.2d 36, 38 (Ind. 2001). | 9 | 11 |
Graham v. Stategreen2 sentences2018A trial court is neither required to find the presence of mitigating factors, Fugate, 608 N.E.2d at 1374 (citing Graham v. State, 535 N.E.2d 1152, 1155 (Ind. 1989)), nor obligated to explain why it did not find a factor to be significantly mitigating. 2018A trial court is neither required to find the presence of mitigating factors, Fugate, 608 N.E.2d at 1374 (citing Graham v. State, 535 N.E.2d 1152, 1155 (Ind. 1989)), nor obligated to explain why it did not find a factor to be significantly mitigating. | 6 | 13 |
Birdsong v. Stategreen2 sentences2018Sherwood v. State, 749 N.E.2d 36, 38 (Ind. 2001) (citing Birdsong v. State, 685 N.E.2d 42, 47 (Ind. 1997)). 2018Sherwood v. State, 749 N.E.2d 36, 38 (Ind. 2001) (citing Birdsong v. State, 685 N.E.2d 42, 47 (Ind. 1997)). | 6 | 6 |
Smith v. Stategreen1 sentence2017Id. (citing Graham, 535 N.E.2d at 1155). | 1 | 1 |
Allen v. Stategreen1 sentence2001“A trial court is ‘not required to find the presence of mitigating factors’ or to give the same weight or credit to mitigating evidence as does the defendant, nor is it ‘obligated to accept the defendant’s assertions as to what constitutes a mitigating circumstance.’ ” Allen, 722 N.E.2d at 1252 (citations omitted). | 1 | 1 |
Aguirre v. Stategreen1 sentence2000Although a trial court must consider evidence of mitigating factors presented by a defendant, Aguirre v. State, 552 N.E.2d 473, 476 (Ind.1990), it “is not obligated to explain why it has found that the factor does not .exist.” Fugate, 608 N.E.2d at 1374 . | 1 | 1 |
Smith v. Stategreen1 sentence2000A trial court is “not required to find the presence of mitigating factors” or to give the same weight or credit to mitigating evidence as does the defendant, Fugate v. State, 608 N.E.2d 1370, 1374 (Ind.1993), nor is it “obligated to accept the defendant’s assertions as to what constitutes a mitigating circumstance.” Legue v. State, 688 N.E.2d 408, 411 (Ind.1997); see also Smith v. State, 670 N.E.2d 7, 8 (Ind.1996) (no error in failing to find mitigation when claim is “ ‘highly disputable in nature, weight, or significance’ ”) (citation omitted). | 1 | 1 |
Legue v. Stategreen1 sentence2000A trial court is “not required to find the presence of mitigating factors” or to give the same weight or credit to mitigating evidence as does the defendant, Fugate v. State, 608 N.E.2d 1370, 1374 (Ind.1993), nor is it “obligated to accept the defendant’s assertions as to what constitutes a mitigating circumstance.” Legue v. State, 688 N.E.2d 408, 411 (Ind.1997); see also Smith v. State, 670 N.E.2d 7, 8 (Ind.1996) (no error in failing to find mitigation when claim is “ ‘highly disputable in nature, weight, or significance’ ”) (citation omitted). | 1 | 1 |
Culpepper v. Stategreen2 sentences1999Culpepper v. State, 662 N.E.2d 670, 678 (Ind.Ct.App.1996), trans. denied. 1999Culpepper v. State, 662 N.E.2d 670, 678 (Ind.Ct.App. 1996), trans. denied. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McCollum v. State
green
1 sentence1995Reynolds cites McCollum v. State (1991), Ind., 582 N.E.2d 804, 817 , for the proposition that the trial court may enhance a sentence, impose consecutive terms, or do both in light of aggravating cireumstances, but when it does so the record must show that the sentence was based on consideration of factors of the sentence to the objectives to be served by that sentence. | 1 | 1995–1995 |
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.