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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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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