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Plea agreement did not give court ability to impose restrictive probation

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A trial court went too far when it accepted a plea agreement then imposed a one-year term in work release as a condition of probation, the Indiana Supreme Court ruled.

Dexter Berry entered into a plea agreement, pleading guilty to a Class B felony burglary and several lesser offenses. Under the terms of the agreement, the court would impose a 10-year executed sentence and could require probation beyond the 10 years.

The court sentence Berry to a total of 15 years. Ten years were to be executed in prison and five years suspended with two of those years served on probation. Further, the court ordered Berry to spend the first year of his probation on work release.

After the Indiana Court of Appeals affirmed by memorandum the decision, Berry sought transfer. The issue was whether the terms of his plea agreement gave the court the discretion to impose a restrictive placement as a condition of his probation.

The Indiana Supreme Court found Berry’s plea agreement leaves all aspects of the sentence to the discretion of the court. However, while Berry’s agreement grants the court the ability to determine where the defendant will serve his executed sentence, it is silent as to the court’s ability to impose any restrictive placement for probation.   

“With no clear grant of such authority in the agreement itself, no indication that any of the parties understood the plea agreement to confer such discretion, and a specific provision that implies the absence of discretion over the placement of Defendant’s probation, we must conclude that the trial court lacked authority to impose a punitive placement for Defendant’s probation,” Justice Loretta Rush wrote in Dexter Berry v. State of Indiana, 49S04-1406-CR-416.

Chief Justice Brent Dickson along with Justices Steven David and Mark Massa concurred. Justice Robert Rucker concurred in result.

 
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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