While the notion of appealability of sentences is widespread, such appeals in most jurisdictions occur under standards like ―abuse of discretion‖ or ―plain error‖ or simply ―excessive.‖ In the late 1960s, Indiana began the process of importing into its constitutional law a piece of British doctrine that contemplates a more robust role for appellate courts. For two decades, this appeared to produce little if any difference in outcomes. In the first decade of the new century, however, a series of rule changes has prompted movement toward the original design.
The Honorable Randall T. Shepard,
Robust Appellate Review of Sentences: Just How British Is Indiana?,
93 Marq. L. Rev. 671
Available at: http://scholarship.law.marquette.edu/mulr/vol93/iss2/12