ILNews

Court orders new sentence for child support nonpayer

Michael W. Hoskins
January 1, 2007
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An Indiana Court of Appeals panel found itself today determining the legislature's intent in revising a statute on nonpayment of child support, an issue it describes as having little to no precedent.

Though its analysis ended with little answer, the appellate court applied the doctrine of amelioration to conclude a defendant should receive a lower class of felony on nonpayment of about $13,000 in child support from Class C to Class D.

The decision released today is Bobby Lee Turner, Jr. v. State of Indiana, No. 48A02-0610-CR-924, which reverses and remands a ruling by Madison Superior Judge Thomas Newman Jr.

Turner was ordered in 1992 to make weekly child support payments, but when he stopped paying in July 2000 he owed about $13,296. The state charged him with nonsupport of a dependent child, a Class C felony, but his trial was rescheduled and continued for six years until June 2006. He didn't appear at trial, was found guilty, and sentenced a month later to two years in-home detention and four years probation.

On appeal, Turner argued that his sentence should have been a Class D felony for three years because, by the time of his sentencing, the General Assembly had amended Indiana Code §35-46-1-5(a) in 2001 to require debts more than $15,000 be classified as a class C felony. Even though Turner didn't raise the issue previously and could be waived for review, the appellate judges decided to address the issue on its merits because of the little precedent on point.

The difference: a range of 6 months to 3 years for a Class D felony compared to the 2 to 8 years for a Class C felony.

"Here, there is no express language or saving clause in the statute to guide us as to whether or not the legislature intended defendants charged under the old law to be sentenced under the new law," the court wrote, citing that as one example to apply the revised statute.
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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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