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Court affirms guilty but mentally ill sentence in DUI, resisting case

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A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.

In Dale Douglas Perkins Jr. v. State of Indiana, No. 16A01-1112-CR-603, judges unanimously ruled that the Decatur Superior Court did not abuse its discretion by imposing consecutive three-year sentences after Perkins pleaded guilty but mentally ill to charges of operating a motor vehicle while intoxicated as a Class D felony and resisting law enforcement as a Class D felony. When he was arrested, Perkins’ blood alcohol level was more than three times the legal limit.

The state dropped charges of criminal confinement and being a habitual substance offender in the plea agreement.

Perkins argued that the trial court abused its discretion by ordering consecutive sentences because his “crimes are intertwined,” according to court pleadings.

The panel also dismissed Perkins’ argument that the sentence was inappropriate due to his mental health. A court-ordered psychiatric evaluation determined that Perkins, 38 at the time of his conviction, was psychotic. He had been diagnosed as schizophrenic in his youth.

Judges ruled that Perkins had been able to control his behavior during incarceration and that his long criminal record in Indiana and Florida, including repeat DUI convictions and crimes including burglary, theft and attempted robbery, didn’t make the sentence inappropriate.

“Perkins keeps committing the same offenses, demonstrating that he has not learned that when he drinks alcohol he will commit unlawful acts,” Senior Judge William Garrard wrote for the panel.   

“We conclude that the nexus between his mental illness and the instant offenses is not so strong as to require a different result,” Garrard wrote. “Perkins’ mental illness does not render his sentence inappropriate, particularly in light of the manner in which Perkins committed these offenses.”


 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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