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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. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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