ILNews

Court correctly dismissed man’s motion to correct sentence

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The Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct his sentence stemming from drug convictions in 1994.

Robert D. Davis was convicted of three Class D felony drug counts in 1994. His sentence for dealing in marijuana and possession of marijuana were to be served concurrently, with his sentence for possession of a Schedule II drug to run consecutively, for a total of six years. On appeal, the Court of Appeals found double jeopardy issues and ordered the fourth count, the possession conviction and sentence, vacated.

Davis’ attorney appeared at the 1995 hearing at which the trial court resentenced Davis based on the COA’s instructions. Sixteen years later, Davis filed this pro se motion to correct erroneous sentence. He argued that it was erroneous because the trial court didn’t follow the instructions of the appellate court, he should have been present at the 1995 hearing, and he was entitled to be resentenced under the laws in effect at that time.

The Court of Appeals affirmed the denial of his motion in Robert D. Davis v. State of Indiana, 11A01-1204-CR-251.The court’s order that vacated the conviction and sentence on the possession count was just as the appellate court ordered. A new sentence is not required because Davis wasn’t present at the 1995 hearing, and he failed to present a cogent argument with respect to how a 1994 amendment applied at the time the court entered its order in 1995 would have affected his sentence, the judges held.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

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