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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. 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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