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Court hears appeal over state's objections

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A man who appealed his burglary conviction over the state’s objection did not fully understand the terms of his plea agreement, the Indiana Court of Appeals held Friday.

Danny Holloway was charged with six felonies and agreed to plead guilty to Class B felony burglary and to waive his right to appeal, with the state agreeing to drop the other charges. But although Holloway signed the agreement, at his combined guilty plea and sentencing hearing, the judge told Holloway at least twice that he would be able to appeal, and the state did not object.

The appeals court cited Bonilla v. State, 907 N.E.2d 586 (Ind. Ct. App. 2009), in its decision to hear Holloway’s appeal: “This advisement occurred . . . before Bonilla received the benefit of his bargain. . . . In light of the contradictory and confusing information Bonilla received at his guilty plea hearing . . . we conclude that he did not waive the right to appeal his sentence.” The court held that Holloway, similarly, did not knowingly and intelligently waive his right to appeal.

In July of 2010, Holloway broke into the home of a woman who knew him. She was on a mattress on the floor, sleeping with her three children and woke up when Holloway tried to remove her jeans. She saw Holloway kneeling at her side, and he then fled.

In Danny Holloway v. State of Indiana, No. 49A05-1011-CR-703, Holloway appealed his sentence as inappropriate. As part of his plea agreement, Holloway’s initial executed sentence would be capped at 10 years. The trial court sentenced him to 16 years with 10 years executed, six years suspended, and five years of probation. The appeals court held that because his burglary was not demonstrably less egregious than a “typical” burglary – and because of his criminal background – the sentence was appropriate.

Holloway’s record includes three juvenile offenses, fifteen adult convictions, and three probation revocations.
 

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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