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KENNEDY v. STATE

No. 16C01-8704-CF-45.

620 N.E.2d 17 (1993)

Stuart S. KENNEDY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

September 16, 1993.

Attorney(s) appearing for the Case

J. Richard Kiefer, Kevin P. McGoff, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.

KRAHULIK, Judge.

This appeal from the imposition of the death penalty returns to us after the trial court, on remand, resentenced Kennedy to be executed. The issue in this second direct appeal is whether the trial court committed reversible error in sentencing Kennedy to death after the jury recommended against the death penalty. We hold, pursuant to Martinez Chavez v. State (1989), Ind., 534 N.E.2d 731, modified on reh'g...

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