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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. 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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