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COA: No credit for pretrial home detention

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The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.

Marques Lewis was arrested for criminal trespass and criminal gang activity and incarcerated. He later was released on his own recognizance to go on home detention. Lewis pleaded guilty to the charge of criminal trespass and pursuant to the plea agreement, his sentence couldn't be more than 730 days.

Lewis wanted credit for the actual days he served on home detention, claiming there was little difference between pre-trial home detainees and post-conviction home detainees. He based his argument on a response from Community Corrections regarding his inquiry about the difference between the two, which said the only differences between the two could be any additional conditions the court may order, such as additional testing. The trial court denied giving him credit for the 275 days he was on home detention.

In Marques Lewis v. State of Indiana, No. 49A05-0806-CR-319, the Court of Appeals examined the trial court's decision for an abuse of discretion because there isn't a statute mandating an award of credit time served while on pretrial home detention, wrote Judge Carr Darden.

The appellate court rejected Lewis' argument that treating people on pretrial home detention and post-sentence home detention differently violates the Equal Protection Clause. Lewis hadn't been convicted of a crime yet and when he was placed in home detention, he accepted the conditions he now asserts to be the same as those applying to post-sentence home detainees. Judge Darden noted Lewis would have earned more credit time had he remained in jail.

"Moreover, if Lewis had violated the conditions of his pretrial home detention, he would have risked being returned to jail to await trial while still presumed to be innocent; whereas, a post-sentence home detainee who violates conditions of home detention risks being sent to prison," he wrote.

Lewis' argument that the different treatment of people on pretrial home detention and post-sentence home detention violates Indiana's Equal Privileges and Immunities Clause also failed. Citing Senn v. State, 766 N.E.2d 1190 (Ind. Ct. App. 2002), the appellate court ruled home detention as a condition of pretrial release isn't "upon the same terms" as home detention as a condition of a sentence or probation.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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