ILNews

High court clarifies sentencing requirement

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Supreme Court ruled today that a defendant who was sentenced to death in 1982 cannot receive life without parole during his second re-sentencing hearing despite being re-sentenced under the post-2002 death penalty statute.

In State of Indiana v. Zolo Agona Azania, 02S03-0505-PD-364, Azania killed a Gary police lieutenant in 1981 and was sentenced to death in 1982. He was re-sentenced to death in 1996. His conviction stands, but his death sentence has been overturned twice. In the instant case, the state petitioned the Supreme Court to rehear its decision reversing a trial court order prohibiting the state from seeking the death penalty for the third time.

The state is asking for clarification of which version of Indiana's death penalty statute applies to the new sentencing phase. The state wants to sentence Azania under the current version of the death penalty statute - issued in 2002 - that in addition to adding the option of life without parole for murders committed after June 30, 1993, when a trial court judge receives a sentencing recommendation from the jury, the judge is to sentence the defendant "accordingly." Under the most recent statute, juries can sentence the defendant to life without parole, the death penalty, or a term of years in prison.

Life without parole is not an option for a jury to choose in Azania's resentencing because he was convicted of murder in 1982, before that was an option for juries. Azania's new sentencing hearing is to be conducted pursuant to the current, post-2002 death penalty statute. Under the 2002 statute, the trial judge will be bound by the jury's sentencing recommendation as opposed to just taking it in into consideration when sentencing. Whatever the jury decides, as long as the sentence is not illegal, the judge must impose, wrote Justice Frank Sullivan.

In a separate opinion, Justice Robert Rucker dissented in part, saying he believes if Azania is going to be sentenced under the 2002 statute, then life without parole must be a sentencing option.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

ADVERTISEMENT