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Class A felony sentences not inappropriate under Appellate Rule 7(B)

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Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).
 
The state’s highest court vacated a pair of decisions by the Indiana Court of Appeals to halve sentences in both Kirk B. Lynch v. State of Indiana, 40S05-1301-CR-23, and Calvin Merida v. State of Indiana, 69S01-1301-CR-24. The justices ruled trial courts’ imposing of a 40–year sentence on Kirk Lynch and a 60-year term on Calvin Merida were appropriate.

After being convicted of attempted child molesting, a Class A felony, Lynch was sentenced to 40 years with five years suspended. Merida pled guilty to two counts of child molesting as Class A felonies. He was given consecutive advisory sentences for an aggregate term of 60 years.

The sentencing range for a Class A felony is 20 to 50 years with the advisory sentence being 30 years.

However, the trial court found the aggravating factors in the Lynch case, including that he was an Internet sexual predator and had a criminal history, outweighed the mitigating factors and therefore justified a sentence in excess of the advisory term. For Merida, the trial court noted his lack of criminal history but drew attention to the length of time his conduct occurred and the victim’s suffering.

On appeal, the COA revised Lynch’s sentence to the minimum term of 20 years and revised Merida’s sentence by ordering them to run concurrently, which reduced the aggregate term to 30 years. It cited Indiana Appellate Rule 7(B), which allows an appellate court to revise a sentence if it deems that sentence is inappropriate in light of the nature of the offense and the character of the offender.

In a per curiam decisions, the state Supreme Court affirmed the sentences handed down by the trial courts. The justices wrote in Lynch “…our collective judgment is that the sentence imposed by the trial court is not inappropriate under Appellate Rule 7(B), and does not warrant appellate revision.”
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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