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COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence

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An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.

In Amir H. Sanjari v. State of Indiana, 20A03-1206-CR-273, the court rejected Amir Sanjari’s arguments that the charges against him constitute double jeopardy and his 10-year executed prison term represents vindictive sentencing.

“In light of the severity of Sanjari’s offenses and his appalling character, we conclude that his ten-year sentence is not inappropriate,” Judge Cale Bradford wrote for the unanimous panel.

The Indiana Supreme Court in 2011 ruled in Sanjari’s initial appeal that Indiana Code 35-46-1-5 permits separate Class D felony charges of nonsupport for each dependent child – Sanjari had two – but that only one charge may be enhanced to a Class C felony when the unpaid obligation exceeds $15,000.

Sanjari, who holds a doctorate in nuclear physics and at one time had been employed at the University of Notre Dame, had been sentenced to two consecutive five-year terms, and the Supreme Court remanded to the trial court for resentencing. In May, the trial court imposed a sentence of eight years for the Class C felony and two years for the Class D felony.

The COA ruled resentencing was not vindictive and that Sanjari provided no evidence to support the argument. Sanjari “points to only the numerous filings he made, including a habeas corpus petition and numerous motions for change of venue, and material from his website, some of which was highly critical of the trial court and the prosecutors and attorneys of Elkhart County. There is simply no evidence, however, that the trial court took any of Sanjari’s criticisms into account at resentencing,” Bradford wrote.

“Were we to accept Sanjari’s argument, it would open the door for future defendants to establish actual vindictiveness claims simply by being vexatious, a result we obviously cannot endorse.”

The court noted Sanjari’s “onslaught of legal proceedings” against his ex-wife that cost her nearly $100,000 in legal fees alone.

“Sanjari has a history of voluntary unemployment,” Bradford wrote, and “has shown a contempt for the law and an unwillingness to conform his behavior to social norms.

“Sanjari’s character is illustrated thorough his defiance, his abuse of the legal system in order to punish (his ex-wife), and his utter refusal to satisfy his legal obligations to his children. In light of the nature of Sanjari’s offenses and his character, a ten-year executed sentence is fully justified,” the court held.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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