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. 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?

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