Indiana Supreme Court· 6/28/2002

Smith v. State

Citations

770 N.E.2d 818
2002 Ind. LEXIS 538
2002 WL 1398050

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

setting forth non-exhaustive factors, including, for example, “the extent of the defendant’s inability to control his or her behavior due to the disorder or impairment”
finding insufficient evidence of bias where the trial court referred to the crime as the act of “an evil, mean, depraved, perverted animal”
to rebut the presumption that a judge was unbiased, “a defendant must establish from the judge’s conduct actual bias or prejudice that places the defendant in jeopardy”
“The law presumes that a judge is unbiased and unprejudiced. And to rebut that presumption, a defendant must establish from the judge’s conduct actual bias or prejudice that places the defendant in jeopardy.”
factors used to enhance sentence can also be cited to impose consecutive sentences
impact on murder victim’s three-year-old son improper aggravator because impact on family members accompanies almost every murder and trial court did not articulate how impact was any different from that normally associated with offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Rucker, Dickson, Sullivan, Shepard, Boehm

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Cited by

42 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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