King v. State
Indiana Court of Appeals
1ConcurrenceNajam, Judge
I concur in result and write separately to express my disagreement with the standard of review applied by the majority. While our supreme court has sometimes described the standard of review for sentences to be whether the sentence "is clearly, plainly, and obviously" unreasonable, Spears v. State, 735 N.E.2d 1161, 1168 (Ind.2000), that formulation subverts Indiana Appellate Rule 7(B). The "clearly, plainly, and obviously" unreasonable test reinstates the standard of review our supreme court abandoned when it amended former Indiana Appellate Rule 17(B) in 1997.
Our authority to review and…
2Cases cited36 opinions
- Buchanan v. StateIndiana Supreme Court · 2002
- Carter v. StateIndiana Supreme Court · 1999
- Spears v. StateIndiana Supreme Court · 2000
- McCann v. StateIndiana Supreme Court · 2001
- Tobar v. StateIndiana Supreme Court · 2000
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