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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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