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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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