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823 N.E.2d 693

Houser v. State

Indiana Supreme Court

Decided March 10, 2005

Indiana Supreme Court · decided 2005-03-10

Cited by 10 later decisions — most recently April 2018

10 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2005-03-10

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SHEPARD, C.J.,

¶1concurring.

¶2For the last several decades at least, Indiana law has assigned to judges the duty to decide sentences in criminal cases. Appellate court review of such trial court *701decisions has been highly deferential, but we have undertaken to review and revise sentences when persuaded that the trial court's sentence is "inappropriate."

¶3As for death penalty and life without parole cases, the legislature has largely shifted the sentencing decision from judges and assigned it to juries I am inclined to think that we should be even less ready to set aside the sentencing judgment of jurors, and that the standard we adopted during the era of judicial sentence-ing should probably not apply to second-guess Indiana juries.

¶4The parties here have not joined this question, however, and there appears no reason to reverse the jury's decision. Accordingly, I join in the Court's opinion.

¶5DICKSON, J., joins.

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