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Monday, March 22, 2010

Ind. Decisions - Supreme Court issues one today

In Kyle Kiplinger v. State of Indiana, a 9-page, 5-0 opinion, Justice Sullivan writes:

Defendant Kyle Kiplinger appeals his sentence of life in prison without possibility of pa-role imposed by the trial court after the jury failed to reach a unanimous sentencing recommen-dation. Because there is no jury finding of record that the State proved the charged aggravating circumstance beyond a reasonable doubt, the judge did not have authority under the Sixth Amendment to impose a sentence of life without parole. We vacate the trial court’s sentence and remand for resentencing.

Posted by Marcia Oddi on March 22, 2010 11:42 AM
Posted to Indiana Decisions