ILNews

Court orders new sentence for child support nonpayer

Michael W. Hoskins
January 1, 2007
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An Indiana Court of Appeals panel found itself today determining the legislature's intent in revising a statute on nonpayment of child support, an issue it describes as having little to no precedent.

Though its analysis ended with little answer, the appellate court applied the doctrine of amelioration to conclude a defendant should receive a lower class of felony on nonpayment of about $13,000 in child support from Class C to Class D.

The decision released today is Bobby Lee Turner, Jr. v. State of Indiana, No. 48A02-0610-CR-924, which reverses and remands a ruling by Madison Superior Judge Thomas Newman Jr.

Turner was ordered in 1992 to make weekly child support payments, but when he stopped paying in July 2000 he owed about $13,296. The state charged him with nonsupport of a dependent child, a Class C felony, but his trial was rescheduled and continued for six years until June 2006. He didn't appear at trial, was found guilty, and sentenced a month later to two years in-home detention and four years probation.

On appeal, Turner argued that his sentence should have been a Class D felony for three years because, by the time of his sentencing, the General Assembly had amended Indiana Code §35-46-1-5(a) in 2001 to require debts more than $15,000 be classified as a class C felony. Even though Turner didn't raise the issue previously and could be waived for review, the appellate judges decided to address the issue on its merits because of the little precedent on point.

The difference: a range of 6 months to 3 years for a Class D felony compared to the 2 to 8 years for a Class C felony.

"Here, there is no express language or saving clause in the statute to guide us as to whether or not the legislature intended defendants charged under the old law to be sentenced under the new law," the court wrote, citing that as one example to apply the revised statute.
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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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