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COA rules trial court cannot exceed scope of plea agreement

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A man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention of restitution, he will not have to pay.

The Court of Appeals affirmed the sentence but reversed a restitution order in Adam Morris v. State of Indiana, 14A05-1209-CR-495.

Adam Morris was charged in October 2009 with Class C felony causing death while operating a vehicle with a blood alcohol equivalent of 0.08 or more. His fiancée, Jennifer Celeste, died of injuries she sustained when the ATV Morris was driving was involved in an accident with another ATV. A blood test later indicated Morris had a BAC of 0.158.

In July 2012, Morris agreed to plead guilty to the lesser included offense of Class A misdemeanor operating while intoxicated. The agreement noted he would be sentenced at the discretion of the court, but it made no mention of restitution.

Subsequently, the trial court sentenced Morris to a term of one year, full executed. It also ordered Morris to pay $14,972.45 to Celeste’s family as restitution related to her funeral expenses.

Morris appealed, in part, challenging the restitution order. He asserted the order improperly applies to the Class C felony charge that was dismissed.

In considering Morris’ argument, the COA pointed to a “more fundamental problem.” Specifically, the plea agreement made no mention of whether the defendant could be ordered to pay restitution.

The COA reversed the order that Morris pay, ruling that when a plea agreement is silent on the issue of restitution, a trial court may not order the defendant to pay as part of the sentence. Such an order would exceed the scope of the plea agreement.
 
 

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. 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.

  4. 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?

  5. 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

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