Michael T. Shoun v. State of Indiana

David, Justice.

A jury found defendant guilty of murdering his 17-year-old girlfriend and recommended a sentence of life without parole. The trial court entered judgment accordingly. In a direct appeal, defendant now challenges his sentence arguing that: 1) the trial court committed fundamental error because it should have sua sponte determined that he had an intellectual disability, precluding a life without parole sentence, even though his trial counsel withdrew the petition to determine whether he had said disability; 2) his sentence is unconstitutionally disproportionate pursuant to…