State v. Azania

I would grant Azania’s petition for rehearing for the reasons expressed in my dissent to this Court’s original majority opinion. See State v. Azania, 865 N.E.2d 994, 1013-16 (Ind.2007) (Rucker, J., dissenting). As for the State’s petition for rehearing, I agree with the majority that the 2002 version of the death penalty statute is applicable in this case. However, I disagree with the majority’s conclusion that life without parole is not a sentencing option.

As added by Pub.L. No. 117-2002, Indiana Code § 35-50-2-9(e) provides in pertinent part: “For a defendant sen*706tenced after June 30, 2002,…