ILNews

Appellate courts may consider credit time status

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Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.

Michael Sharp appealed his convictions and sentence for one count of Class A felony child molesting and one count as a Class C felony. He was sentenced to 40 years, but because he was assigned to class IV for purposes of credit time, his minimum possible sentence would be a little more than 34 years.

In Michael Sharp v. State of Indiana,  12S02-1109-CR-544, the justices only focused on Sharp’s argument that the Indiana Court of Appeals should have considered his credit restricted felon status when evaluating his request for appellate sentence review under Indiana Appellate Rule 7. The Court of Appeals panel said it wouldn’t take into account a person’s credit restricted felon status because “credit time is set by the legislature and is not a discretionary tool used by the trial court judge.”

The Supreme Court disagreed on this point, holding that credit time status may be considered by an appellate court exercising its review and revise authority.

Chief Justice Brent Dickson wrote that Appellate Rule 7(B) authorizes appellate courts to review and revise the totality of penal consequences ordered by the trial court to determine its appropriateness. “Accordingly, evaluation of a defendant's sentence may include consideration of the defendant's credit time status because this penal consequence was within the contemplation of the trial court when it was determining the defendant's sentence,” he wrote.

The justices found that even considering his assigned credit time status, Sharp’s sentence is not inappropriate because he was in a position of trust with his victim and evidence at trial demonstrated that Sharp committed the offenses multiple times over a period of years.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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