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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. 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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