Appeals court splits on new sentence modification issue

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An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.

In Nathan D. Hawkins v. State of Indiana, No. 79A02-1101-CR-100, Nathan Hawkins appealed the denial of his request for sentence modification. He was originally sentenced to 16 years in July 2009 after pleading guilty to child molesting. Hawkins appealed and the COA vacated the sentence, ordering a new 10-year sentence. The trial court issued the new sentence in April 2010, and in November 2010, Hawkins asked for the modification.

The trial court denied it because it was more than a year after he was originally sentenced and because the prosecutor didn’t approve a modification.

The majority affirmed in this first impression issue, citing Redmond v. State, 900 N.E.2d 40, 42-43 (Ind. Ct. App. 2009), to hold that the 365-day period did not restart when Hawkins was re-sentenced. Judges Terry Crone and Edward Najam suggested that defendants who want to pursue both remedies should request a stay of the appeal provided by Appellate Rule 37 to allow the trial court to consider the motion for sentence modification.

Chief Judge Margret Robb dissented, believing that based on language in statute, the clock restarts when someone is re-sentenced. She also pointed out holes in the majority’s reasoning to use the stay procedure, such as if a defendant stays his appeal, the sentence is modified, and then he appeals that reduced sentence, which sentence is the appellate court to review?

She wants the Indiana Legislature to revisit the sentence modification statute – which is not clear on when the 365-day period is triggered – and make any amendments to provide a clear, workable rule.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues