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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.
| Case | Followed | Cited |
|---|---|---|
Morgan v. Stategreen2 sentences2005But 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). | 1 | 4 |
Leventhal v. United States Department of Laborgreen1 sentence1996See 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). | 1 | 1 |
Kopp v. Social Security Administrationgreen1 sentence1996See 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). | 1 | 1 |
Gay v. Hernandez-Cuebasgreen1 sentence1996See 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). | 1 | 1 |
Harding v. Stategreen1 sentence1996See 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gardner v. State
green
2 sentences1983In 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. | 14 | 1980–1984 |
Page v. State
green
2 sentences1985Spinks 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 . | 3 | 1982–1985 |
Page v. State
green
2 sentences1984Page 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 | 3 | 1981–1984 |
Page v. State
green
2 sentences1985Spinks 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. | 2 | 1983–1985 |
Wiggins v. State
green
1 sentence2000In 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. | 1 | 2000–2000 |
Reaves v. State
green
2 sentences2000Since 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. | 1 | 2000–2000 |
Taylor v. State
green
1 sentence1986Taylor v. State (1982), Ind., 442 N.E.2d 1087 ; IND.CODE 35-50-1-2(a) IND. | 1 | 1986–1986 |
Spinks v. State
green
1 sentence1985Spinks 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). | 1 | 1985–1985 |
Hill v. State
green
1 sentence1984Hill 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. | 1 | 1984–1984 |
Richardson v. State
green
1 sentence1982In 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 . | 1 | 1982–1982 |
Hardin v. State
green
1 sentence1982In 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 | 1 | 1982–1982 |
Green v. State
green
1 sentence1982In 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 . | 1 | 1982–1982 |
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.