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VAN CLEAVE v. STATE

No. 384S109.

517 N.E.2d 356 (1987)

Gregory VAN CLEAVE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 30, 1987.

Attorney(s) appearing for the Case

Richard Kammen, McClure, McClure & Kammen, Indianapolis, Daniel Dovenbarger, Instructor of Law, Indiana University, Indianapolis School of Law, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

Appellant Gregory Van Cleave pled guilty to murder, Ind. Code § 35-42-1-1 (Burns 1985 Repl.), and was sentenced to death. Ind. Code § 35-50-2-9 (Burns 1985 Repl.). This direct appeal presents the following issues:

1) Whether appellant was denied a fair sentencing hearing when the State impeached his testimony with the substance of a prior clean-up statement which had been withheld from the defense in violation of discovery...

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