amelioration allows a defendant doctrine (Indiana) · Go Syfert
← Indiana issues

amelioration allows a defendant doctrine in Indiana

9 Indiana opinions name it 1 courts 2001–2020 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.

Followed or applied (3)

CaseFollowedCited
Richards v. Stategreen
ind · 1997 · cited in 4 Indiana opinions naming this issue, 2001–2020
2 sentences

2020See Hellums v. State, 758 N.E.2d 1027, 1028-29 (Ind. Ct. App. 2001) (“The doctrine of amelioration allows a defendant, who is sentenced after the effective date of a statute that provides for more lenient sentencing, to take advantage of the more lenient statute rather than be sentenced under the more harsh statute that was in effect when the defendant was charged or convicted.”) (citing Richards v. State, 681 N.E.2d 208, 213 (Ind. 1997)).

2015“The doctrine of amelioration allows a defendant, who is sentenced after the effective date of a statute that provides for more lenient sentencing, to take advantage of the more lenient statute rather than be sentenced under the more harsh statute that was in effect when the defendant was charged or convicted.” Hellums v. State, 758 N.E.2d 1027, 1028-29 (Ind.Ct.App.2001) (citing Richards v. State, 681 N.E.2d 208, 213 (Ind.1997)).

44
Hellums v. Stategreen
indctapp · 2001 · cited in 4 Indiana opinions naming this issue, 2007–2020
2 sentences

2020See Hellums v. State, 758 N.E.2d 1027, 1028-29 (Ind. Ct. App. 2001) (“The doctrine of amelioration allows a defendant, who is sentenced after the effective date of a statute that provides for more lenient sentencing, to take advantage of the more lenient statute rather than be sentenced under the more harsh statute that was in effect when the defendant was charged or convicted.”) (citing Richards v. State, 681 N.E.2d 208, 213 (Ind. 1997)).

2015“The doctrine of amelioration allows a defendant, who is sentenced after the effective date of a statute that provides for more lenient sentencing, to take advantage of the more lenient statute rather than be sentenced under the more harsh statute that was in effect when the defendant was charged or convicted.” Hellums v. State, 758 N.E.2d 1027, 1028-29 (Ind.Ct.App.2001) (citing Richards v. State, 681 N.E.2d 208, 213 (Ind.1997)).

34
Winbush v. Stategreen
indctapp · 2002 · cited in 2 Indiana opinions naming this issue, 2016–2020
2 sentences

2020As the State points out, by simultaneously expanding the trial court’s authority to order consecutive sentences and limiting the total length of a 2 In his reply brief, Hobbs cites Winbush v. State, 776 N.E.2d 1219, 1224-45 (Ind. Ct. App. 2002), trans. denied (2003), wherein the court stated, “The doctrine of amelioration allows a defendant to be sentenced under the more lenient provisions of a statute which is in effect at the time of sentencing rather than be sentenced under a more harsh statute in effect at the time the offense was committed.” However, the case does not even address whether

2016For example, "[t]he doctrine of amelioration allows a defendant to be sentenced under the more lenient provisions of a statute which is in effect at the time of sentencing rather than be sentenced under a more harsh statute in effect at the time the offense was committed.” Winbush v. State, 776 N.E.2d 1219, 1224-25 (Ind.Ct.App.2002), trans. denied (2003).

22

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 (1)

CaseCitedYears
Turner v. State green
indctapp · 2007
2 sentences

2015However, “the doctrine of amelioration allows a defendant, who is sentenced after the effective date of a statute that provides for more lenient sentencing, to take advantage of the more lenient statute rather than be sentenced under the more harsh statute that was in effect when the defendant was charged or convicted.” Id.

2015This doctrine is only applicable “if the legislature intended that the statute as amended apply to all persons to whom such application would be possible and constitutional.” Id. at 1085-86 .

22015–2015

Statutes the citing opinions construe

IN § Ind. Code § 35-50-2-4 (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.

← Caselaw search · G Cite Topics · Brief Check