Legal Opinion

Ben-Yisrayl v. State

Indiana Court of Appeals

Decided July 10, 2009No. 49A02-0806-CR-512PublishedCited by 10 opinions

1Opinion of the Court

OPINION

BRADFORD, Judge.

Following dismissal of his death penalty, Appellant-Defendant Chijoike Bomani Ben-Yisrayl, {/k/a Greagree Davis, appeals his aggregate sentence of 150 years in the Department of Correction. Upon appeal, Ben-Yisrayl claims that the trial court erred by adopting and imposing the alternative term-of-years sentence provided for in the original sentencing order rather than conducting a new sentencing hearing. In addition, Ben-Yisrayl challenges the appropriateness of his sentence and the trial judge's recusal from his case. We affirm in part, reverse in part, and remand for…

2Cases cited28 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Ring v. ArizonaSupreme Court of the United States · 2002
  4. Richardson v. StateIndiana Supreme Court · 1999
  5. Smylie v. StateIndiana Supreme Court · 2005

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3Cited by10 opinions

  1. Morris v. StateCourt of Criminal Appeals of Texas · 2009
  2. Thomas D. Dillman v. State of IndianaIndiana Court of Appeals · 2014
  3. Corey Lamont Spurlock v. State of IndianaIndiana Court of Appeals · 2018
  4. David G. Taylor v. State of IndianaIndiana Court of Appeals · 2014
  5. Marshall Barnes-Bey v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2015

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