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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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