ILNews

Court revises sentence to fix double jeopardy issue

Michael W. Hoskins
January 1, 2007
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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.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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