Labels:book | reckoner | sky | tree OCR: the same stattue, {9)(c) provides that the judge is not bound by the recomnendation of the jury. however must base is decision uodn the same standard the jury Wa5 rcquired 1c consider he jurv made their finding and the trial judge subsequently made his. Schiro State 533 N.E.2d at 1208 (Ind. 1989 [em- phasis added]. Two dissenting justices contended that Schiro was en titled reversal of his death sentenco They noted: The jury was charged on al counts, ani but single verdict, namely guilty on Count 11 to the other counts, the verdiet was entirely silent regard to guilt 10 innoce ence of appellant. The law requires that the jury verdict be deemed the legal equivalent of verdicts that the defendant is not guilly 1 the felonies charged in Counts and Buckner State {1969} 252 Ind 2d 348. Smith St ...
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