¶1concurs except as to the decision to deny rehearing on the question of whether the weighing requirement of Indiana’s capital sentencing statute is a factor that must be submitted to jury and proven beyond a reasonable doubt. On this issue his view is expressed in State v. Barker, 809 N.E.2d 312, 319 (Rucker, J., concurring in result).
826 N.E.2d 648
State v. Barker
Decided May 4, 2005
Indiana Supreme Court · decided 2005-05-04
Cited by 3 later decisions — most recently April 2010
3 state decisions
Relies on State v. Barker
Good law ✅— No negative treatment on recordhow we know
Decided 2005-05-04
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