Wisehart v. State

PIVARNIK, Justice.

Defendant-Appellant Mark Allen Wise-hart was found guilty by a jury in the Madison Superior Court, Division III, of the crimes of murder, burglary, robbery and theft. The prosecuting attorney requested consideration of the death penalty on the murder charge. After finding Defendant guilty, the jury reconvened and returned a recommendation of death. On September 26, 1983, the trial court sentenced the defendant to death on the murder charge, said sentence to be carried out thirty (80) days after all appeals are exhausted.

Appellant Wisehart now directly appeals and raises…