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Plea bars man from credit for time served on electronic monitoring

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Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.

John M. Weidman was placed on electronic monitoring after posting bond in Cause No. 03C01-1102-FA-898, in which he faced several counts involving drugs and attempted receiving stolen property. While on electronic monitoring, he was charged with Class D felony possession of marijuana in Cause No. 03C01-1205-FC-2659.

Weidman entered into a plea agreement on both causes to which he agreed he was not entitled to credit time toward his sentences for the period of time he was on electronic monitoring.

In John M. Weidman v. State of Indiana,  03A01-1306-CR-255, Weidman argued he is entitled to that credit time, but the Court of Appeals held is bound by the plea agreement because he made no argument that his plea was involuntary.

The Indiana Supreme Court has also held that a defendant may waive in a voluntary plea agreement the constitutional right to appellate review of a sentence.

“We therefore conclude that Weidman waived his right to claim that he was entitled to credit for the time he was on electronic monitoring. To allow such a challenge now would be to permit him to benefit from the terms of the plea agreement without upholding his end of the bargain struck in the plea agreement. And Weidman did benefit; in exchange for his plea, the State dismissed serious charges, and the trial court ordered the sentences on some of Weidman’s convictions to be served concurrently,” Judge Paul Mathias wrote.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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