# Mayberry v. State

> Indiana Supreme Court · July 19, 1996 · 670 N.E.2d 1262

URL: https://www.frixlaw.com/law-library/cases/9519015

## Case

- **Full name:** Elizabeth MAYBERRY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below)
- **Court:** Indiana Supreme Court
- **Decided:** July 19, 1996
- **Citations:** 670 N.E.2d 1262; 1996 Ind. LEXIS 88; 1996 WL 420391
- **Precedential status:** Published
- **Opinion:** Concurrence by Shepard
- **Judges:** Sullivan, Shepard, Debruler, Dickson, Selby
- **Cited by:** 77 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9519015

## How later opinions describe it (automated extraction)

- holding that trial court's consideration of this factor was improper when "[the trial court gave no specific or individualized statement of the reason why this defendant was in need of correctional and rehabilitative treatment that could best be provided by a period of incarce…
- finding an abuse 'of discretion where the trial court failed to consider defendant's mental illness as a mitigator; remanded for imposition of presumptive sentence
- finding an abuse of discretion where the trial court failed to consider defendant's mental illness as a mitigator; remanded for imposition of presumptive sentence
- finding an abuse of discretion where trial court failed to consider defendant’s mental illness as a mitigator; remanded for imposition of presumptive sentence

## Opinion text

SHEPARD, C.J.,
concurs except as to the sentence, believing that some enhancement of the sentence is warranted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9519015. Public record. Not legal advice.