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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. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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