Opinion

Johnson v. State

442 N.E.2d 1065
1982 Ind. LEXIS 1067

Court: Indiana Supreme Court
Filed: Dec 22, 1982
Status: Published
Author: Prentice
On the bench: Pivarnik, Givan, Debruler, Hunter, Prentice
Cited by: 7 cases
Authority: More cited than 5.0%

The opinion

PRENTICE, Justice,

concurring in result.

I concur in the result reached by the majority, but for the reasons stated in my concurring opinion in Hoskins v. State, (1982) Ind., 441 N.E.2d 419, 429 , I disagree with its treatment of Issue II. Where no death penalty is imposed, there is no With-erspoon issue before the Court, and I believe that should be the sole basis for the decision upon that question.

HUNTER, J., concurs.

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