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STATE v. BEN-YISRAYL

No. 49S00-0308-PD-391.

809 N.E.2d 309 (2004)

STATE of Indiana, Appellant (Plaintiff below), v. Chijoike Bomani BEN-YISRAYL, f/k/a Greagree Davis, Appellee (Defendant below).

Supreme Court of Indiana.

May 25, 2004.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Stephen R. Creason, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Russell A. Johnson, Johnson Gray & Macabee, Franklin, IN, Ann M. Sutton, Marion County Public Defender Agency, Indianapolis, IN, Attorneys for Appellee.

DICKSON, Justice.

The State brings this interlocutory appeal of the trial court's order holding the Death Penalty Statute, Indiana Code § 35-50-2-9, to be unconstitutional, dismissing the State's request for the death penalty, and remanding for a sentencing hearing where a term of years is the only available option. We reverse and remand for reinstatement of the death penalty request.

The defendant, Chijoike Bomani Ben-Yisrayl, formerly known as Greagree...

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