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Justices: Inmate will serve longer term for punching prison worker

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A Department of Correction inmate serving a 17-year sentence was improperly given credit time that reduced his sentence for punching a prison worker in the face.

The Indiana Supreme Court remanded State of Indiana v. Adrian Lotaki, 32S01-1403-CR-151, with instructions to resentence him. At sentencing on a conviction of Class D felony battery for the prison-worker assault, a judge imposed a three-year sentence but awarded 471 days of credit time for time served before the battery charge plus another 471 days of Class I credit time against the battery charge.

“This award of credit time with respect to a mandatory consecutive sentence was error, and conflicts with our precedent,” justices held in a four-page, per curiam opinion. The ruling affirms the State’s position in a motion to correct error that was denied at the trial court and Court of Appeals.

Justices noted I.C. 35-50-1-2(d)(1) requires consecutive sentences when crimes are committed by someone imprisoned for another crime. Lotaki’s credit time was calculated in conflict with the statute.

“To award credit for this time against the battery sentence rather than against the aggregate of the consecutive sentences would result in more credit to which he was entitled and would effectively enable him to serve part of the consecutive sentences concurrently,” justices reasoned.


 

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  1. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

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