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9 Indiana opinions name it 2 courts 1997–2019 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 |
|---|---|---|
Ridenour v. Stategreen2 sentences1998With respect to the other two aggravating factors identified, the trial court's statement was a "generalized statutory recitation." See Ridenour v. State , 639 N.E.2d 288, 296 (Ind. Ct. App. 1994). 1997With respect to the other two aggravating factors identified, the trial court’s statement was a “generalized statutory recitation.” See Ridenour v. State, 639 N.E.2d 288, 296 (Ind.CtApp.1994). | 2 | 2 |
Mathews v. Stategreen1 sentence2019See id. (concluding that although “depreciation of the seriousness of the crime should not be relied upon as a factor to order sentences to be served consecutively,” the other two aggravating factors supported consecutive sentences). 2.4 – Gorbonosenko waived his argument that the trial court erred by sentencing him based on speculative facts not in evidence. [32] Last, Gorbonosenko asserts that in imposing sentence, the trial court relied on speculative facts not in evidence. | 1 | 1 |
Jakob Robinson v. State of Indianagreen1 sentence2017Robinson v. State, 61 N.E.3d 1226, 1228 (Ind. Ct. App. 2016). [26] Here, again, the trial court identified the following two aggravating factors: the emotional harm suffered by the victims and Coop’s abuse of his position of trust over the victims. | 1 | 1 |
Pinkston v. Stategreen1 sentence2006See Pinkston v. State, 836 N.E.2d 453, 463 (Ind.Ct.App.2005), trans. denied. | 1 | 1 |
Higginbotham v. Stategreen1 sentence2006A `fixed' plea specifies the exact number of years to be imposed." Nguyen, 837 N.E.2d at 158 n. 14. [7] The State's citation to Higginbotham v. State, 826 N.E.2d 5, 6 (Ind.Ct.App.2005), is unpersuasive given that the case involved a fixed plea. [8] Again, we note that the State did not directly respond to Boyle's challenge to the two aggravating factors. [9] Although often stated, it bears repeating that a potential Blakely problem only arises when aggravating circumstances are used to enhance a sentence beyond the presumptive term. | 1 | 1 |
Smylie v. Stategreen1 sentence2006"When sentencing a defendant on multiple counts, an Indiana trial judge may impose a consecutive sentence if he or she finds at least one aggravator." Smylie v. State, 823 N.E.2d 679, 686 (Ind.2005), cert. denied, -- U.S. --, 126 S.Ct. 545 , 163 L.Ed.2d 459 (2005). | 1 | 1 |
Ector v. Stategreen2 sentences1998See Ector v. State, 639 N.E.2d 1014, 1016 (Ind.1994). 1998See Ector v. State, 639 N.E.2d 1014, 1016 (Ind.1994). | 1 | 1 |
State v. Olivergreen2 sentences1997State v. Oliver, 302 N.C. 28 , 274 S.E.2d 183, 204 (1981). 1997State v. Oliver, 302 N.C. 28 , 274 S.E.2d 183, 204 (1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jones v. State
green
2 sentences1998"A mere recitation of statutory language in a statement disclosing factors the trial court considered to justify enhancement of presumptive sentence is insufficient to support an enhanced sentence." Jones , 675 N.E.2d at 1087 . 1997“A mere recitation of statutory language in a statement disclosing factors the trial court considered to justify enhancement of presumptive sentence is insufficient to support an enhanced sentence.” Jones, 675 N.E.2d at 1087 . | 2 | 1997–1998 |
Rogers v. State
neutral
1 sentence2007Rogers v. State, 860 N.E.2d 929 (Ind.Ct.App.2007) (unpublished). | 1 | 2007–2007 |
Nguyen v. State
green
1 sentence2006A `fixed' plea specifies the exact number of years to be imposed." Nguyen, 837 N.E.2d at 158 n. 14. [7] The State's citation to Higginbotham v. State, 826 N.E.2d 5, 6 (Ind.Ct.App.2005), is unpersuasive given that the case involved a fixed plea. [8] Again, we note that the State did not directly respond to Boyle's challenge to the two aggravating factors. [9] Although often stated, it bears repeating that a potential Blakely problem only arises when aggravating circumstances are used to enhance a sentence beyond the presumptive term. | 1 | 2006–2006 |
Huckaby v. New York State Division of Tax Appeals
green
1 sentence2006"When sentencing a defendant on multiple counts, an Indiana trial judge may impose a consecutive sentence if he or she finds at least one aggravator." Smylie v. State, 823 N.E.2d 679, 686 (Ind.2005), cert. denied, -- U.S. --, 126 S.Ct. 545 , 163 L.Ed.2d 459 (2005). | 1 | 2006–2006 |
Hendricks v. Mutual Indemnity (Bermuda), Ltd.
green
1 sentence2006"When sentencing a defendant on multiple counts, an Indiana trial judge may impose a consecutive sentence if he or she finds at least one aggravator." Smylie v. State, 823 N.E.2d 679, 686 (Ind.2005), cert. denied, -- U.S. --, 126 S.Ct. 545 , 163 L.Ed.2d 459 (2005). | 1 | 2006–2006 |
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.