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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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