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COA affirms second imposition of habitual-offender enhancement

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A Tippecanoe County man whose sentence enhancement for being a habitual offender was overturned by the Indiana Supreme Court – but later re-imposed after a retrial – was unable to convince the Indiana Court of Appeals that his retrial was barred by res judicata.

Thomas Dexter was convicted of Class A felony neglect of a dependent resulting in death after he dropped his girlfriend’s young daughter after giving her a bath. He had tossed her in the air and she slipped from his grip and hit the tub. The jury enhanced his sentence by 30 years based on two prior felony convictions. But the Supreme Court reversed because a copy of the order entering judgment of conviction on the 2000 offense wasn’t signed by the trial judge. But they held the state could retry Dexter on the habitual-offender enhancement.

On retrial, the state introduced a certified transcript from Dexter’s 2000 guilty plea and sentencing hearing on the felony theft charge. The jury again found him to be a habitual offender and the court imposed a 30-year enhancement.

“Although our Supreme Court held that the unsigned order entering judgment of conviction was not sufficient to prove the existence of Dexter’s 2000 felony theft conviction, it did not rule out other methods of proving the existence of this conviction,” Judge Nancy Vaidik wrote in Thomas Dexter v. State of Indiana, 79A04-1212-CR-611.

The certified transcript presented at retrial was not presented during the first trial, the judges pointed out, so the Supreme Court did not evaluate it during Dexter’s appeal. The high court has held that the state must introduce evidence certified and authenticated records of a defendant’s prior felony convictions to prove beyond a reasonable doubt the existence of those prior convictions. As such, the COA held that the certified transcript from Dexter’s May 2000 guilty-plea and sentencing hearing was sufficient to establish the fact of his 2000 felony theft conviction.

The judges also affirmed that Dexter could be retried on the enhancement.

“The Court did not reach any legal conclusion that would preclude Dexter from being found a habitual offender if the State proved the existence of the theft conviction; therefore, it expressly remanded the case for resentencing proceedings. Because our Supreme Court’s decision was not a final judgment on the merits, the State was not barred from retrying Dexter under the doctrine of res judicata,” Vaidik wrote.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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