ILNews

Defendants can speak during allocution before sentencing

Michael W. Hoskins
January 1, 2007
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Criminal defendants who plead guilty have the right to make statements in allocution prior to sentencing, the Indiana Supreme Court has ruled.

The unanimous opinion authored by Justice Robert D. Rucker came late Wednesday in Nicholas Biddinger v. State of Indiana, No. 49S05-0608-CR-305.

Biddinger was arrested and charged with various felonies, including murder, in 2004; he pleaded guilty to aggravated battery during the trial in October that year. The agreement provided that parties could argue positions on sentencing, but the executed range could be 10 to 20 years.

At his sentencing hearing, Biddinger's counsel answered "no" when asked about mitigating evidence, but he later said his client wanted to make a statement. The trial court determined that he had no right to allocution where he'd pled guilty. The court allowed a four-page written statement to be introduced as evidence and then allowed Biddinger to give an oral statement expressing his remorse.

Then-Marion Superior Judge Jane Magnus-Stinson sentenced him to 12 years in prison with two years suspended to probation for a total of 10 years executed. Biddinger appealed on grounds that the court erred in refusing to permit him to make a statement in allocution. The Court of Appeals addressed that issue and ruled that even if the trial court had erred, it was harmless because the full written statement had been introduced and no additional information would have affected the sentence. However, the appellate judges didn't address the case authority on the allocution right being good law, and the Supreme Court granted transfer to address that question of whether it's allowed.

"The answer is yes," Justice Rucker wrote. "A defendant who pleads guilty has a right to make a statement in allocution upon request prior to sentencing. In this case the trial court erred by not allowing Biddinger to make a statement in allocution. But the error was harmless. Further, Biddinger has not demonstrated that his 10-year executed sentence to be served in the Department of Correction requires revision. We therefore affirm the judgment of the trial court."
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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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