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SAYLOR v. INDIANA

No. 48S00-9712-PD-647.

808 N.E.2d 646 (2004)

Benny SAYLOR, Appellant (Petitioner below), v. State of INDIANA, Appellee (Respondent below).

Supreme Court of Indiana.

May 21, 2004.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Thomas C. Hinesley, Deputy Public Defender, Emily Mills Hawk, Special Assistant to the State Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Stephen R. Creason, Deputy Attorney General, Thomas D. Perkins, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

On Petition for Rehearing

BOEHM, Justice.

In 1992, Benny Saylor was sentenced to death despite a unanimous jury recommendation to the contrary. In 2002, Indiana law was changed in an important respect by requiring a unanimous jury recommendation of death before the death penalty can be imposed. Appellate courts are to review and revise sentences that are inappropriate. We conclude that it is not appropriate to execute a person who was convicted and sentenced...

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