ILNews

Court revises sentence to fix double jeopardy issue

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Appellate courts must frequently address claims from convicted criminals that counsel was ineffective, sentences are unreasonable, or that the charges violate double jeopardy.

Rarely does the state concede that convictions violate double jeopardy principles, as happened in a case decided Tuesday by the Indiana Supreme Court.

In Chad E. Strong v. State of Indiana, No. 20S03-0612-CR-529, the Indiana Attorney General's Office acknowledged the defendant's claim that two convictions - one for murder and another for neglect of a dependent resulting in the same child's death - violate the hallmark legal principle preventing a person from being charged twice for the same offense.

Strong was convicted of murder in the death of his girlfriend's 3-year-old daughter and also of a Class A felony of neglect of a dependent in connection with the child's death. He received consecutive terms of 65 years for murder and 55 years for the neglect felony. On direct appeal he raised issues of prosecutorial misconduct, evidence admission, sentence appropriateness, and double jeopardy. The Court of Appeals rejected all the claims except the last, remanding with instruction to reduce the conviction to a lower Class B felony and impose 20 years consecutive to the murder sentence. Strong argued this doesn't cure the double jeopardy problem, while the state disagreed.

"Such a recharacterization of the charges, however, does not eliminate the fact that both charged offenses would still be based on the same bodily injury," Justice Brent Dickson wrote in the unanimous four-page opinion. "Only when deemed a Class D offense, which does not include any element of bodily injury, does the conviction of neglect of a dependent satisfy the common law/statutory construction aspect of Indiana's double jeopardy jurisprudence."

The high court affirmed the murder conviction and sentence, but remanded to the trial court with instructions to reduce the conviction from a Class A to a D felony and revise the sentence to three years served consecutive to the murder sentence.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

ADVERTISEMENT