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BIVINS v. STATE

No. 06S00-9105-DP-401.

650 N.E.2d 684 (1995)

Gerald W. BIVINS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 26, 1995.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

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

[1] DISSENT FROM DENIAL OF REHEARING

[2] SHEPARD, Chief Justice.

[3] In affirming this death penalty case, Bivins v. State (1994), Ind., 642 N.E.2d 928, a majority of the Court declared that the Indiana Bill of Rights prohibited allowing the widow of Bivins' victim to speak just twelve lines about the impact of Bivins' crime.

[4] Appellant has challenged this evidence on two grounds, one statutory and one...

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