record should disclose what factors (Indiana) · Go Syfert
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record should disclose what factors in Indiana

23 Indiana opinions name it 2 courts 1980–2005 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 (5)

CaseFollowedCited
Morgan v. Stategreen
ind · 1996 · cited in 4 Indiana opinions naming this issue, 2000–2005
2 sentences

2005But when the trial court decides to adjust an imposed sentence by suspending a portion of it, "the record should disclose what factors were considered by the judge to be mitigating or aggravating cireum-stances." Morgan v. State, 675 N.E.2d 1067, 1073 (Ind.1996).

2005But when the trial court decides to adjust an imposed sentence by suspending a portion of it, "the record should disclose what factors were considered by the judge to be mitigating or aggravating circumstances." Morgan v. State, 675 N.E.2d 1067, 1073 (Ind.1996).

14
Leventhal v. United States Department of Laborgreen
scotus · 1986 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996See Harding v. State, 457 N.E.2d 1098, 1104 (Ind.1984), cert. denied, 475 U.S. 1024 , 106 S.Ct. 1218 , 89 L.Ed.2d 329 (1986).

11
Kopp v. Social Security Administrationgreen
scotus · 1986 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996See Harding v. State, 457 N.E.2d 1098, 1104 (Ind.1984), cert. denied, 475 U.S. 1024 , 106 S.Ct. 1218 , 89 L.Ed.2d 329 (1986).

11
Gay v. Hernandez-Cuebasgreen
scotus · 1986 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996See Harding v. State, 457 N.E.2d 1098, 1104 (Ind.1984), cert. denied, 475 U.S. 1024 , 106 S.Ct. 1218 , 89 L.Ed.2d 329 (1986).

11
Harding v. Stategreen
ind · 1984 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996See Harding v. State, 457 N.E.2d 1098, 1104 (Ind.1984), cert. denied, 475 U.S. 1024 , 106 S.Ct. 1218 , 89 L.Ed.2d 329 (1986).

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 (12)

CaseCitedYears
Gardner v. State green
ind · 1979
2 sentences

1983In Gardner v. State, (1979) 270 Ind. 627 , 388 N.E.2d 513 , we held that when a judge increases or decreases a basic sentence, suspends a sentence, or imposes consecutive terms of imprisonment, the record should disclose what factors were considered by the judge to be mitigating or aggravating circumstances.

1983In Gardner v. State, (1979) 270 Ind. 627 , 388 N.E.2d 513 , we held that when a judge increases or decreases a basic sentence, suspends a sentence, or imposes consecutive terms of imprisonment, the record should disclose what factors were considered by the judge to be mitigating or aggravating circumstances.

141980–1984
Page v. State green
ind · 1981
2 sentences

1985Spinks v. State, (1982) Ind., 437 N.E.2d 963 ; Page v. State, (1981) Ind., 424 N.E.2d 1021 , on remand (1982) Ind., 442 N.E.2d 977 , reh. denied (1983).

1982In Richardson v. State, (1981) Ind., 429 N.E.2d 229, 231-32 , we stated: *1092 “When a judge increases or decreases the basic sentence, suspends the sentence, or imposes consecutive terms of imprisonment, the record should disclose what factors were considered by the judge to be mitigating or aggravating circumstances.” See also, Page v. State, (1981) Ind., 424 N.E.2d 1021 ; Green v. State, (1981) Ind., 424 N.E.2d 1014 .

31982–1985
Page v. State green
ind · 1980
2 sentences

1984Page v. State, (1980) Ind., 410 N.E.2d 1304 ; Gardner v. State, (1979) 270 Ind. 627 , 388 N.E.2d 513 .

1981The court shall make a record of the hearing, including: * * * * * ik “(3) If the court finds aggravating circumstances, a statement of the court’s reasons for selecting the sentence that it imposes.” In Page v. State, (1980) Ind., 410 N.E.2d 1304, 1307 , we stated, quoting Gardner v. State, (1979) Ind., 388 N.E.2d 513 , 517: “* * * [W]hen a judge increases or decreases the basic sentence, suspends the sentence, or imposes consecutive terms of imprisonment, the record should disclose what factors were considered by the judge to be mitigating or aggravating circumstances.” In the case at bar, t

31981–1984
Page v. State green
ind · 1982
2 sentences

1985Spinks v. State, (1982) Ind., 437 N.E.2d 963 ; Page v. State, (1981) Ind., 424 N.E.2d 1021 , on remand (1982) Ind., 442 N.E.2d 977 , reh. denied (1983).

1983We further provided in Page v. State, (1980) Ind., 410 N.E.2d 1304 , on remand (1981) Ind., 424 N.E.2d 1021 , on remand *661 (1982) Ind., 442 N.E.2d 977 , reh. denied (1983), that the trial judge is confined to certain proper grounds for either increasing or decreasing a presumptive sentence and must state which of said grounds was relied upon to enable the reviewing court to determine the reasonableness of the sentence imposed.

21983–1985
Wiggins v. State green
indctapp · 2000
1 sentence

2000In Wiggins v. State (2000) Ind.App., 727 N.E.2d 1, 11 , trans. denied, a panel of this court held that “when a trial court adjusts a presumptive sentence by suspending a portion of that sentence, the record should disclose what factors were considered to be mitigating or aggravating circumstances.” That panel then concluded that it is necessary in such instance for the trial court to explain its sentencing decision.

12000–2000
Reaves v. State green
ind · 1992
2 sentences

2000Since the imposition of nonmandatory consecutive sentences has traditionally required the court to balance aggravators and mitigators, Reaves v. State, 586 N.E.2d 847 (Ind.1992), Morgan should not be read as broadly as required by the majority.

2000Since the imposition of nonmandatory consecutive sentences has traditionally required the court to balance aggravators and mitigators, Reaves v. State, 586 N.E.2d 847 (Ind.1992), Morgan should not be read as broadly as required by the majority.

12000–2000
Taylor v. State green
ind · 1982
1 sentence

1986Taylor v. State (1982), Ind., 442 N.E.2d 1087 ; IND.CODE 35-50-1-2(a) IND.

11986–1986
Spinks v. State green
ind · 1982
1 sentence

1985Spinks v. State, (1982) Ind., 437 N.E.2d 963 ; Page v. State, (1981) Ind., 424 N.E.2d 1021 , on remand (1982) Ind., 442 N.E.2d 977 , reh. denied (1983).

11985–1985
Hill v. State green
ind · 1983
1 sentence

1984Hill v. State, (1983) Ind., 445 N.E.2d 994, 996 . 4 We will disturb the trial court's sentence determination only if it is manifestly unreasonable.

11984–1984
Richardson v. State green
ind · 1981
1 sentence

1982In Richardson v. State, (1981) Ind., 429 N.E.2d 229, 231-32 , we stated: *1092 “When a judge increases or decreases the basic sentence, suspends the sentence, or imposes consecutive terms of imprisonment, the record should disclose what factors were considered by the judge to be mitigating or aggravating circumstances.” See also, Page v. State, (1981) Ind., 424 N.E.2d 1021 ; Green v. State, (1981) Ind., 424 N.E.2d 1014 .

11982–1982
Hardin v. State green
ind · 1980
1 sentence

1982In Hardin v. State, (1980) 404 N.E.2d 1354, 1359-60 ; quoting Gardner v. State, Ind., 388 N.E.2d 513 at 517 we stated: "When a judge increases or decreases the basic sentence, suspends the sentence or imposes consecutive terms of imprisonment, the record should disclose what factors were considered by the judge to be mitigating or aggravating cireumstane-es." Here, this court remanded this cause to the trial court and ordered the trial judge to make written findings and a statement of the court's reasons for selecting the sentence imposed, setting out aggravating or mitigating cireumstances, i

11982–1982
Green v. State green
ind · 1981
1 sentence

1982In Richardson v. State, (1981) Ind., 429 N.E.2d 229, 231-32 , we stated: *1092 “When a judge increases or decreases the basic sentence, suspends the sentence, or imposes consecutive terms of imprisonment, the record should disclose what factors were considered by the judge to be mitigating or aggravating circumstances.” See also, Page v. State, (1981) Ind., 424 N.E.2d 1021 ; Green v. State, (1981) Ind., 424 N.E.2d 1014 .

11982–1982

Statutes the citing opinions construe

IN § Ind. Code § 35-50-2-5 (7) IN § Ind. Code § 35-42-1-1 (5) IN § Ind. Code § 35-43-2-1 (4) IN § Ind. Code § 35-42-4-1 (3) IN § Ind. Code § 35-50-1-2 (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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