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COA rules serving time at home same as serving time in prison

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The Indiana Court of Appeals remanded a case for a new sentencing order after a defendant successfully argued home detention counts as part of his executed sentence.   

Following the death of a 22-month-old baby in his care, Nathan Barker pleaded guilty to Class A felony neglect of a dependent causing death. In exchange, Barker received a 40-year cap on his executed sentence.

At the sentencing hearing, the court sentenced Barker to 45 years, with 40 years executed and the balance suspended to probation, of which 120 days were to be served on home detention.

Barker appealed his sentence, arguing the 120 days of home detention exceeded the plea agreement’s cap of 40 years.

He pointed to Indiana Code 35-38-2.5-5(e) that allows for an individual confined to home detention to earn credit for time served. Although the sentencing court made the home detention part of his probation, he asserted it must be considered executed time since he can earn credit.

In its review of the matter, the Court of Appeals started by noting, “To say that the case law has been murky on the issue of credit time for home detainees would be an understatement.”

It found Antcliff v. State, 688 N.E.2d 166, 168 (Ind. Ct. App. 1997) to be the most procedurally similar even though the lower court concluded Antcliff’s home detention did not amount to executed time. However, in 2001, the Legislature amended IC 35-38-2.5-5 by adding subsection (e) that specifically entitled a detainee to earn credit for time served while on home detention.

“Whether home detention is imposed via a direct placement in a community corrections program or as a condition of probation, its accompanying statutory requirement that the detainee received credit time militates toward counting it as part of the executed portion of his sentence,” Judge Terry Crone wrote in Nathan K. Barker v. State of Indiana, 73A01-1212-CR-575.
 

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  1. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  2. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

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  5. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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