Court grants transfer to clarify appeals by state

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court granted a transfer with opinion to address conflicting rulings regarding the state's ability to challenge the legality of a criminal sentence without first filing a motion to correct erroneous sentence. The high court held the state may challenge a criminal sentence by appeal without first filing the motion and that appeal doesn't have to happen within 30 days of the sentencing judgment.

The Supreme Court split 3-2 Tuesday in its decision in Samuel Hardley v. State of Indiana, No. 49S05-0905-CR-290, in which the state argued in its reply brief to Samuel Hardley's appeal of his theft, criminal confinement, and battery convictions that the trial court erroneously imposed concurrent sentences instead of consecutive sentences. Statute says consecutive sentences are mandatory when one crime is committed while on personal recognizance for another crime, which happened in the instant case.

The Court of Appeals ruled the state could challenge the sentence based on the doctrine of fundamental error and also declined to require the state to challenge the allegedly erroneous sentence within 30 days of the final judgment, which departs from the ruling in Hoggatt v. State, 805 N.E.2d 1281, 1284 (Ind. Ct. App. 2004). Hardley argued on appeal for transfer that the state waived any right to challenge his sentence because it failed to raise an objection in the trial court, didn't file a motion to correct erroneous sentence, and didn't raise the issue until cross-appeal.

The majority didn't agree with the 30-day deadline for the state to challenge a sentence by direct appeal, as was held in Hoggatt, nor did they extend the "facially erroneous" requirement in Robinson v. State, 805 N.E.2d 783 (Ind. 2004), to restrict efforts by the state to challenge an illegal sentence, wrote Justice Brent Dickson.

The high court held Indiana Code Section 35-38-1-15 also allows the state to challenge illegal sentences; the state's appellate sentence challenge, when the issue is a pure question of law, is an acceptable substantial equivalent to the motion to correct erroneous sentence; and an appellate challenge by the state doesn't have to be initiated in the trial court or commenced within 30 days of the judgment, wrote the justice.

Justices Theodore Boehm and Robert Rucker dissented in a separate opinion that the state should not be allowed to appeal an erroneous sentence without first raising the issue in the trial court. Justice Boehm wrote that he would follow the high court's ruling in Griffin v. State, 493 N.E.2d 439 (Ind. 1996), and require the state follow the procedure authorized in the ruling or pursue a motion to correct error under Indiana Trial Rule 59 to preserve its right to challenge a sentence on appeal.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...