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Justices seek amicus briefs in partial consecutive sentence case

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The Indiana Supreme Court wants to hear from the legal community: Are partial consecutive sentences allowable?

The court posted an order dated Sept. 9 in which it made an appeal for amicus briefs as it considers an appeal filed by a pro se litigant. The case is Bryant E. Wilson v. State of Indiana, 27S02-1309-CR-584. Parties interested in submitting an amicus brief should enter an appearance in the case by Friday, the order says.

Wilson was convicted of Class A felony charges of rape and criminal deviate conduct and Class B felony robbery. He was sentenced to an aggregate executed prison term of 50 years – concurrent 45-year terms for the Class A felonies, plus 20 years for the Class B felony, with five years of that sentence to be served consecutive to the 45-year term. A divided panel of the Court of Appeals affirmed the ruling out of Grant Superior Court.

The decision focused on the legality of partial consecutive sentences. “The Supreme Court is interested in receiving additional briefing on the issue of whether the imposition of a partially consecutive sentence is error,” Chief Justice Brent Dickson wrote in the order.

The order directs the public defender of Indiana to file a brief no later than Oct. 21, the deadline for other amici to file. The state response is due by Nov. 27, as is Wilson’s supplemental brief.

Recipients of the notice also included the Indiana Public Defender Council, Indiana Prosecuting Attorneys Council, Indiana Judicial Center and the Indiana State Bar Association. “Those entities are encouraged to distribute a copy of this order to others as they see fit,” Dickson wrote.

 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

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  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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